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|| | LIBRARY OF CONGRESS. |gj 



COMPILATION / ■'« *• i 



CONTAINING THE 



Constitution and Canons 



v 



Protestant Episcopal Church 



IN THE 



Diocese of Maryland; 

Selected Canons of the General Convention 
Resolutions, etc.: 



LAWS OK MARYLAND 



RELATING TO 



RELIGIOUS MATTERS, 



Published by Order of the Convention. 



CUSHING & CO.; E. ALLEN 
BALTIMORE. 
1898. 




TWO COPIES RECEIVED. 





Extract from the Journal of the Convention of 1897, p. 39. 

On motion of Mr. Joseph Packard, Jr., the following Resolution was 
adopted : 

Resolved, That a special committee of two Clergymen and three Laymen 
learned in the law, be appointed to prepare and publish in an inexpensive 
form, an edition of seven hundred copies of a new Compilation of Canons, 
Laws, Rules, Forms, etc., on the same general plan as the existing Com- 
pilation ; that the copyright of such Compilation be secured in the name of 
the Convention, and that the Treasurer be instructed to make such arrange- 
ments for its sale as he may think best. 

The Bishop named as the Committee : the Rev. W. S. Southgate, D. D., 
the Rev. C. Buel and Messrs. Joseph Packard, Jr., E. N. Rich and D. M. 
Thomas. 



CONVENTION OF THE PROTESTANT EPISCOPAL CHURCH OF THE 



COPYRIGHTED 1898, 



BY THK 



DIOCESE OF MARYLAND. 



BALTIMORE: 



Hanzsche & Co., Printers, 
2 Light Street. 



tJDJje fPeriamttott of gtighte* 

A Declaration of certain Fundamental Rights and Liberties of the 
Protestant Episcopal Church of Maryland. 

Whereas, by the Constitution and Form of Government of this State 
— "All persons, professing the Christian Religion, are equally entitled 
to protection in their religious liberty, and no person, by any law, (or 
otherwise) ought to be molested in his person, or estate, on account of 
his religious persuasion or profession, or for his religious practice ; 
unless, under color of religion, any man shall disturb the good order, 
peace, or safety of the State, or shall infringe the laws of morality, or 
injure others in their natural, civil or religious rights :" And whereas, 
the ecclesiastical and spiritual independence of the different religious 
Denominations, Societies, Congregations and Churches of Christians 
in this State, necessarily follows from, or is included in, their civil 
independence : 

Wherefore, we the Clergy of the Protestant Episcopal Church of 
Maryland, (heretofore denominated the Church of England, as by law 
established,) with all duty 'to the civil authority of the State, and with 
all love and good will to our fellow Christians of every other religious 
Denomination, do hereby declare, make known and claim the following, 
as certain of the fundamental Rights and Liberties inherent in, and 
belonging to, the said Episcopal Church, not only of common right, 
but agreeably to the express words, spirit and design, of the Consti- 
tution and Form of Government aforesaid, viz : 

I. We consider it as the undoubted right of the said Protestant 
Episcopal Church, in common with other Christian Churches under 
the American Revolution, to complete and preserve herself as an 
entire Church, agreeably to her ancient usages and profession, and to 
have the full enjoyment and free exercise of those purely spiritual 
powers, which are essential to the being of every Church or Congre- 
gation of the faithful, and which, being derived only from Christ and 
His Apostles, are to be maintained, independent of every foreign, or 
other, jurisdiction, so far as may be consistent with the civil rights of 
society. 

II. That ever since the Reformation, it hath been the received doc- 
trine, of the Church whereof we are members, (and which, by the Con- 
stitution of this State, is entitled to the perpetual enjoyment of certain 
property and rights under the denomination of the Church of Eng- 
land,) " That there be these three orders of Ministers in Christ's 



4 



THE BE CLARA TLOX OF RIGHTS. 



Church ; Bishops, Priests and Deacons," and that an Episcopal Ordi- 
nation and Commission are necessary, to the valid administration of 
the Sacraments, and the due exercise of the Ministerial Functions, in 
the said Church. 

III. That, without calling in question the Rights, Modes and Forms, 
of any other Christian Churches or Societies, or wishing the least con- 
test with them on that subject, we consider and declare it to be an 
essential right of the said Protestant Episcopal Church, to have and 
enjoy the continuance of the said three Orders of Ministers forever, so 
far as concerns matters purely spiritual ; and that no persons, in the 
character of Ministers, except such as are in the communion of said 
Church and duly called to the Ministry by regular Episcopal Ordina- 
tion, can or ought to be admitted into, or enjoy, any of the " Churches, 
Chapels, Glebes, or other property," formerly belonging to the Church 
of England, in thi-s State, and which, by the Constitution and Form of 
Government, is secured to the said Church forever, by whatsoever 
name she, the said Church, or her superior Order of Ministers, may, 
in future, be denominated. 

IV. That, as it is the right, so it will be the duty, of the said Church, 
when duly organized, constituted and represented, in a Synod or Con- 
vention of the different Orders of her Ministry and People, to revise 
her Liturgy, Forms of Prayer, and Publick Worship, in order to adapt 
the same to the late Revolution, and other local circumstances of 
America: which,. it is humbly conceived, may and will be done, with- 
out any other or farther departure from the venerable Order and 
beautiful Forms of Worship of the Church from whence we sprung, 
than may be found expedient in the change of our situation from a 
Daughter to a Sister Church. 

The foregoing Declaration was made in a Convention of the Clergy of 
this Church, held at Annapolis, on the Thirteenth day of August, in 
the year of our Lord 1783 ; and recognized and confirmed in Conven- 
tion of the Clergy and Lav Delegates, at Easion, on the Thirty-first 
day of May, in the year of our Lord, 1790 ; And signed, 

WILLIAM WEST, President. 

Attest, Johx Bissett, Secretary. 

Note. — This Declaration appears to the Committee to bear the same 
relation to the Constitution of the Church in Maryland, as the "Declaration 
of Rights" of the State does to the Constitution of the State. It was con- 
firmed at the same time that the present Constitution was adopted, and has 
never been repealed. 



(Constitution 



Article 1. There shall be a Convention of the Protestant Episco- 
pal Church in this Diocese, 1 on the last Wednesday in May, in every 
year, in such places as shall be determined by the Convention. 
Where the next Thursday shall be Ascension Day, the Convention 
shall meet on the Wednesday of the preceding week. 3 

Art. 2. The Convention shall be composed of Clergymen and 
Laymen. The Bishop and Assistant Bishop/ 3 if there be one, shall 
have a seat and vote in the Convention. Every Clergyman of this 
Church, of whatever Order, being a settled Minister of some Parish 
or separate Congregation, acknowledged as such by this Convention, 
within this Diocese ; or, being a president, professor, tutor or instructor 
in some college, academy, or seminary of learning, incorporated by 
law ; or being a missionary, under the direction of the ecclesiastical 
authority of this Diocese, shall be entitled to a seat and vote in Con- 
vention, if he has been canonically resident within this Diocese for 
the space of six calendar months next before the meeting of the 
Convention ; — Provided, that no Clergyman, who has been once 
entitled to a seat in Convention, shall lose his right to a seat therein, 
by reason of his having ceased, on account of age or infirm health, 
to have charge of a Parish or to be in the service of a college, 
academy or seminary of learning, or to be a missionary as aforesaid. 

The Laymen shall consist of one Delegate from each Parish and 
separate Congregation, 4 chosen by the Vestry thereof, or, if there be 
no Vestry, by the Congregation, from among the parishioners ; — 
Provided, that every Parish and separate Congregation having more 
than one officiating Minister, who hath been regularly and canonically 
elected, shall be entitled to send as many Delegates as it has Ministers 
who are entitled to seats in the Convention. But before any Lay 
Delegate shall take his seat, he shall subscribe the following declara- 

1. The word State changed to Diocese here and in Articles 0, 10 and 11, 
in 1870. Journal, p. 12. See also, 1869, p. 14. 

2. This sentence was added in 1879. Journal, p. 51. 

8. Title, Ihshop-Coadjutor, adopted by the General Convention instead 
of Assistant Bishop, 1895. 

4. The words and separate Congregation, here and hereafter in the 
Constitution, inserted in 1882. Journal,/). 64, 65. 



6 



CONSTITUTION. 



tion : " I do hereby declare my belief in the Christian religion and 
attachment to the Protestant Episcopal Church, and profess myself a 
member thereof." 

Art. 3. Twenty 1 members of the Clerical and twenty 1 of the Lay 
Order shall constitute a quorum for the transaction of business ; but a 
smaller number may adjourn. 

Art. 4. In all matters that shall come before the Convention, the 
Clergy and Laity shall deliberate in one body ; but if, upon any 
question, it be required by five members, the two Orders shall vote 
separately, and the concurrence of a majority of each Order shall be 
necessary to give validity to any measure. 

Art. 5. The election of a Bishop of this Church shall be made in 
Convention, in the following manner : The Order of the Clergy shall 
nominate and appoint by ballot, some fit and qualified Clergyman of 
the Protestant Episcopal Church of the United States, for that office ; 
and the votes of two-thirds of that Order shall be requisite to consti- 
tute a choice. And, thereupon, such appointment shall be presented 
to the Order of the Lay Delegates and be considered by them ; and 
if, on a ballot, it shall appear that the person so nominated is approved 
of by two-thirds of the Lay Order, he shall be then declared to be 
duly elected : Provided, That, whenever it shall be proposed to elect 
an Assistant Bishop 2 of this Diocese, notice thereof shall be given at 
an Annual Convention, and the election shall take place at the suc- 
ceeding Annual Convention. 

Art. 6. The Bishop of the Church in this Diocese shall be 
President of the Convention ; in which character it shall be his duty 
to give to the Convention, as often as he may deem expedient, a 
general view of the state of the Church ; to call special conventions, 
at whatever times and places he may think necessary ; to preserve 
order during the time of session ; to put the question, collect the 
votes, and declare the decision. He may make any motion which 
he shall judge conducive to the good of the Church, but shall not 
enter into debate ; and he may deliver his sentiments on any subject, 
after it has been discussed, before a vote thereon. 

Art. 7. In case of a vacancy in the Episcopal Office, the Con- 
vention, immediately upon their assembling, shall choose, by joint 
ballot, a President, from among the Order of Priests, who shall 

1. Originall}- eight members ; eight changed to twenty in 1882. Journal, 
p. 64. 

2. See note 3, p. 5. 



CONS T ITU T ION. 



7 



remain in office until the next election of a President. He shall 
perform all the duties and possess all the privileges above specified ; 
but he shall not call special meetings of the Convention, unless 
applied to for that purpose by a majority of the Standing Committee ; 
but if at any time there should be no President, the Standing Com- 
mittee shall have power to call a special meeting of the Convention 
when deemed necessary. 1 And if, while there is a Bishop in this 
Church, he shall not be present at any meeting of the Convention, 
they shall elect, in the manner aforesaid, a President pro tempore. 

Art. 8. A Secretary shall likewise be chosen, immediately upon the 
assembling of the Annual Convention, by a joint ballot ; who shall remain 
in office until the next election of a Secretary. If but one is nomi- 
nated, the ballot may be dispensed with. 3 His duty shall be : to make 
minutes of their proceedings; to preserve their journals and records; 
to attest the public acts of the body ; and faithfully to deliver into 
the hands of his successor all books and papers, relative to the 
concerns of the Convention, which may be in his possession. It shall 
be his duty to notify, through the channel of such public papers as 
he may think proper, the time and place appointed for the meeting of 
the succeeding Convention. 

Art. 9. Before the adjournment of each Annual Convention, a 
Standing Committee, consisting of seven members, 3 sh'all be chosen 
from among the Order of Priests, by a joint ballot of the Clergy and 
Laity ; and if a vacancy shall occur, by death, removal, resignation, 
or otherwise, the remaining members, or a majority of them, shall be 
authorized to fill such vacancy ; always supplying the vacancy by one 
of the Order of Priests. In all elections of committees, by joint 
ballot, no member of the said committee shall be elected, unless he 
shall receive a majority of the votes of all the attending members. 

Art. 10. If, at any time, there should be no Bishop in this 
Church, the Convention shall divide the Diocese into as many districts 
as there are members of the Standing Committee ; assigning to each 
member the superintendence of a district, which it shall be his duty 
to visit once a year ; and he shall report the ecclesiastical and secular 
state thereof to the Convention. 

Art. 11. Every Parish and separate Congregation within this 
Diocese shall be entitled to the entire benefit of this Constitution as 

1. This clause adopted 1885,/. 32. 

2. Added in 1806, p. 12. 1865, p. 7. 

3. See Journal of 1868, p. 11. 



8 



CONSTITUTION. 



soon as it shall have signified its ratification thereof, either in writing, 
or by sending a Lay Delegate to the Convention ; and such Parish 
and separate Congregation shall thereafter be benefited and bound, 
equally with the other Parishes and separate Congregations in this 
Diocese, by every rule or canon, which shall be framed by any Con- 
vention, acting under this Constitution, for the government of this 
Church in ecclesiastical concerns. 

Art. 12. This Constitution shall be unalterable except in the fol- 
lowing manner : A proposition for any change shall be introduced in 
writing and considered in Convention ; and, if approved of, the same 
shall be transmitted to the several Vestries of the Parishes and 
separate Congregations which shall have ratified this Constitution. 
And, if again approved of in the next ensuing Convention, by a 
majority of the respective Orders, voting thereon separately, the 
change shall take place and the Constitution so altered shall be valid 
and^obligatory. 



CANONS 



OF THE 

Diocese ok Maryland. 



OF THE CONVENTION, AND OF THE CHURCH IN 
THIS DIOCESE. 



CANON I. 

Of the titles of Clergymen to seats in Convention. 

No Clergyman removing from another Diocese into the Diocese of 
Maryland shall be entitled to a seat in the Convention, as having been 
regularly and canonically elected into a Parish or separate Congrega- 
tion, unless it shall have been signified to the Secretary of the Con- 
vention by the Bishop, or, in case of a vacancy in the Episcopal Office, 
by the President of the Standing Committee, that he had obtained 
from him a certificate of. his Episcopal ordination and religious char- 
acter ; nor, unless the Bishop, or President, shall have received from 
the Vestry and transmitted to the Secretary the certificate required by 
the 30th 1 Canon of the General Convention of 1832. In the case of a 
Clergyman canonically resident in the Diocese, elected into a Parish 
or separate Congregation, he shall be required, immediately after his 
acceptance of the appointment, to transmit to the Bishop a certificate 
from the Wardens and Vestry of the said election. No Clergyman 
shall have a seat in the Convention, as an instructor of youth in any 
seminary of learning, till he shall have produced to the Convention a 
certificate from the Rector and Vestry, and if there be no Rector, 
from the Vestry of the Parish in which it is situated or of some sepa- 
rate Congregation within such Parish, acknowledged as such by the 
Convention, that he is so occupied. No Clergyman shall be entitled 

Canon, 1806. Amended, 1835, 1844, 1847, 1863. 

1. See Digest, Canons of General Convention, Title I., Can. 18, §i. 



10 CAXOXS OF THE DIOCESE OF MARYLAND. 



to a seat in Convention as an infirm Clergyman, unless he shall pro- 
duce a certificate from some respectable physician that his state of 
health unfits him for the active duties of the ministry, and there be 
evidence that, at the time his health became infirm, he was entitled to 
a seat in the Convention. 

CANON II. 

Of Absentees from the Convention, to be A r oted. 

At every meeting of the Convention, it shall be the duty of the 
Secretary to report the names of such Clergymen, entitled to seats, as 
may have absented themselves from two successive Conventions, and 
the Convention shall take such # order thereon as may be deemed 
expedient. 

Canon V., 1835. Amended, 1847, 1863. 

CANON III. 
Of the Secretary of the Convention. 

Sec. 1. In addition to the duties assigned to the Secretary by the 
Constitution, it is hereby made his duty to transmit annually to each of 
the Bishops of the Protestant Episcopal Church in the United States 
and to the Secretary of the last House of Clerical and Lay Deputies 
of the General Convention and to the Secretary of every Diocesan 
Convention, a copy of the Journal of the Convention ; and he shall 
request the last to send copies of their respective Journals in exchange. 

Sec. 2. He shall also transmit to each General Convention a 
certificate of the appointment of Clerical and Lay Deputies, and of 
the nomination of Trustees of the General Theological Seminary, 
and do such other acts as may be from time to time required of him 
by authority of the General or Diocesan Convention. 

Canon, 1873. 

CANON IV. 

Of the Treastirer of the Convention. 

Sec. 1. At every Annual Convention there shall be elected a 
Treasurer of the Convention, who shall remain in office until a suc- 
cessor be appointed. 



CANONS OF THE DIOCESE OF MARYLAND. 11 



Sec. 2. It shall be his duty to receive all moneys collected under 
the authority of the Convention and to disburse the same under its 
authority ; and when incidental expenses arise, not ordered by the 
Convention, the Treasurer, by and with the consent of the Committee 
of Ways and Means, shall be authorized to pay them, provided they 
do not exceed the sum of $100 per annum. He shall render his 
accounts annually to the Convention, which shall be audited by a 
Committee acting under its authority. In case of a vacancy in 
the office of Treasurer by death, removal from the Diocese or by 
resignation, the Bishop, with the advice and consent of the Standing 
Committee, shall have power to appoint a Treasurer to act until an 
appointment is made at the next succeeding Convention. 

Canon, 1873. Amended, 1888. 

CANON V. 

( Y Provision for Defraying Certain Expenses. 

The Vestry of each Parish or Church shall, on or before the first of 
November of each year, pay to the Treasurer such sums as may be 
required from them respectively by resolution of the Convention from 
time to time, for the purpose of paying the salary of the Bishop, and 
Assistant Bishop 1 if there be one, the travelling expenses of the 
Standing Committee and the Delegates to the General Convention ; 
printing the Journal ; compensation to the Secretary and other inci- 
dental expenses of the Convention, and such other appropriations as 
may be made by resolution of the Convention. 

Canon XII., 1885. Amended, 1847, 1863, 1873, 1885. 
1. See note 3, p. 5. 

CANON VI. 

Of Parochial Reports. 

In case of the absence of the Bishop from any Convention, the 
reports which are required to be delivered to him by the 12th 
Canon of the General Convention of 1853, 1 shall be delivered to the 
President of the Convention. 

Canon, 1855. Amended, 1887. 

1. See Digest, Title I., Can. 20, §i. 



12 CANONS OF THE DIOCESE OF MARYLAND. 



CANON VII. 

Of the Erection of New Parishes or Congregations. 

Sec. 1. No part of a Parish shall separate itself from the residue 
thereof as a distinct Parish, nor shall any number of members of the 
Protestant Episcopal Church, in any Parish, associate themselves as a 
separate Congregation therein, without first obtaining leave of the 
Convention, who shall judge of the necessity and expediency of such 
separation. And leave thus obtained for such separation or association, 
shall be a guarantee that the parties interested shall, on application, 
be received into union with this Convention : Provided, the Con- 
vention shall be satisfied that the Parish or Congregation have a 
Church edifice sufficient for the accommodation of a reasonable 
number of persons, finished or so nearly finished as in the judgment 
of the Convention to afford a reasonable prospect that it will be 
completed ; and further, that they are not indebted to such an extent 
as to endanger their stability, and have also a reasonable prospect of 
self-support. Provided, however, that no Parish or Congregation, 
although constituted with the consent of the Convention, shall be 
considered as a part of the Protestant Episcopal Church in this 
Diocese without a strict conformity, on the part of such Parish or 
Congregation, to the use of the Liturgy of the said Church, nor 
without a compliance, in case of a Parish, with the provisions of the 
act entitled, " An Act for the Establishment of Vestries for each 
Parish in this State," passed November session, 1798 ; or, in case of a 
Congregation, with the provisions of any laws which have been, or 
may be, passed by the State of Maryland : Provided, said laws shall 
be first accepted by the Convention of this Diocese. 

Sec. 2. Persons intending to apply for leave to organize a new 
Parish, or a separate Congregation, within an established Parish, shall 
at least three months before the meeting of the Convention to which 
application is intended to be made, place in the hands of the Bishop, 
or, if there be no Bishop, of the ecclesiastical authority of the Dio- 
cese, a petition for leave to organize a new Parish or separate Con- 
gregation, which petition shall be in the proper one of the two forms, 
numbered I. and VII. of " Forms for the Formation of new Parishes 
and Congregations." The petition shall be accompanied by a state- 
ment of the reasons why leave to organize a new Parish or Congre- 
gation is asked ; and by an affidavit of the person or persons who set 
up or gave the notice required by the Instructions for the Formation 



CANONS OF THE DIOCESE OF MARYLAND. 



13 



of new Parishes or Congregations, which affidavit shall show that the 
notices were set up or given as required by the said Instructions ; and 
a petition for leave to organize a new Parish shall also be accompanied 
by an accurate map, showing the metes and bounds of the proposed 
new Parish and of the Parish or Parishes from which it is proposed 
that it shall be taken ; and also the location of the Churches and 
Chapels within these Parishes ; and it shall be the duty of the Bishop, 
or ecclesiastical authority, to send all such petitions, statements and 
maps, at least sixty days before the meeting of the Convention, to 
the Committee on the Admission of new Parishes and Congregations, 
which was appointed at the previous session of the Convention, which 
Committee shall hear and consider all such applications before the 
meeting of the Convention and make report thereon to such Con- 
vention. 

Amended, 1894, 1897. 

Sec. 3. Whenever hereafter any Church in union with the Con- 
vention, shall neglect for three years in succession to make a Paro- 
chial Report, and shall not during the same period have employed a 
Clergyman as its Parish Minister, such Church shall be regarded as 
having forfeited its connection with the Convention and shall no 
longer have a right to send a delegate to the same. The Bishop shall 
report such Church to the Convention in his Annual Address. Such 
Church, however, may be re-admitted upon application to the Con- 
vention, accompanied by a report of its condition, and on such terms 
as shall appear just; such re-admission to take effect from and after 
the rising of the Convention consenting to such admission. 

Canons of 1793, 1794, 1799, 1803, 1835, 1845, 1847, 1851, 1881, 1886. 

CANON VIII. 

Of I lie Maintenance and Extension of Religions Worship. 

Sec. 1 . Each Annual Convention of the Diocese shall take order - 
for the Maintenance and Extension of Religious Worship by the elec- 
tion of a Committee of Missions to consist of four Clergymen and four 
Laymen, who may, or may not, be members of the Convention, which 
Committee shall have power to fill vacancies which may occur during 
the interval between the meetings of the Convention. In addition to 
the members so elected, the Bishop, and Assistant Bishop, 1 if any, 
shall be a member, ex officio, of the Committee. 

1. See note 3, p. 5. 



14 CANONS OF THE DIOCESE OF MARYLAND. 



Sec. 2. The Committee may appoint one of their Lay members 
Treasurer of the funds to be received by it, who shall disburse the 
same under the direction of the Committee and shall make an annual 
report to the Convention. 

Sec. 3. The Committee of Missions shall have supervision of the 
General Mission Work of the Diocese, and shall receive and disburse 
all contributions, in money or otherwise, which ma*y be made through- 
out the Diocese for Diocesan Missions. They may also, in their 
discretion, out of said contributions give pecuniary assistance, through 
the Bishop or directly, to Clergymen in charge of Parishes or Con- 
gregations which are now, or may be hereafter, in union with this 
Convention. The said Committee shall also receive and disburse the 
Fund for Disabled and Superannuated Clergymen. 

And it is hereby declared that, in and for the exercise of the duties 
and powers hereby conferred upon said Committee, in so far as the 
City of Baltimore is concerned, said Committee is intended to be and 
shall be considered as a substitute for the City Committee of Missions 
in Baltimore, referred to in the preamble to the articles of association 
of the Baltimore City Protestant Episcopal Missionary Committee. 

Sec. 4. No Mission shall be established, nor any Missionary 
appointed by said Committee of Missions, but with the advice and 
consent of the Bishop or, if there be no Bishop or he be out of the 
Diocese, of the Standing Committee. 

Sec. 5. It shall be the duty of the Rector of each Parish or Con- 
gregation to devise and carry into effect ways and means for the 
collection of moneys for the work of the Church herein provided for, 
by holding meetings, public or otherwise, procuring subscriptions and 
donations, and issuing or circulating papers, statements, addresses or 
the like ; or by such other measures as he may deem most effective. 

Sec. 6. Any contributor shall have the right to designate to 
which of the objects assigned to the said Committee, his gift or sub- 
scription shall be appropriated; and the contribution shall be appro- 
priated accordingly and in no other manner. It being understood, 
however, that contributions designated generally for Diocesan Mis- 
sions, shall be held applicable to Pastoral Aid, as provided for in 
section 3. 

Sec. 7. Nothing in this Canon contained shall be construed or 
taken to interfere with or hinder the Baltimore City Protestant Epis- 
copal Committee in conducting Missionary or other work, within the 
scope of its charter ; nor to prohibit any Parish or Congregation from 



CANONS OF THE DIOCESE OF MARYLAND. 



15 



conducting any Missionary operations of its own, and appropriating to 
such operations any funds which may be contributed therefor. 

Sec. 8. At all meetings of this Committee five members shall con- 
stitute a quorum. 

Canon II., 1850. Amended, 1853, 1872, 1873, 1886, 1896. 

CANON IX. 

Of the Archdeaconries of the Diocese. 

Sec. 1. The Diocese shall be divided into four Archdeaconries, 
as follows : 

First. The City of Baltimore, to be known as the Archdeaconry 
of Baltimore. 

Secoyid. The Counties of Baltimore, Harford and Carroll, to be 
known as the Archdeaconry of Towson. 

Third. The Counties of Howard, Anne Arundel and Calvert, to be 
known as the Archdeaconry of Annapolis. 

Fourth. The Counties of Frederick, Washington, Allegheny and 
Garrett, to be known as the Archdeaconry of Cumberland. 

Sec. 2. The Archdeaconries shall be organized under the direc- 
tion of the Bishop, who shall preside in them when present. In the 
absence of the Bishop, the Assistant Bishop, 1 if any, shall preside when 
present. Each Archdeaconry shall have an Archdeacon, to be appointed 
annually by the Bishop, with the approval of the Archdeaconry. The 
Archdeacon shall perform such duties as may be appointed him by the 
Bishop or Archdeaconry, and shall report to the Convention, through 
the Bishop, at each annual session, concerning the missionary work in 
his Archdeaconry. Each Archdeacon shall be, ex officio, a member 
of the Committee of Missions and it shall be his duty to attend and 
vote at all meetings of the Committee. 

Sec. 3. Each Archdeaconry shall meet at least twice during the 
year and shall consist of the Clergy residing within its limits, who 
have seats in the Convention of the Diocese or are engaged in Pastoral 
work ; and of Lay Communicants, one from each Parish, separate 
Congregation or Mission, to be chosen according to rules adopted by 
the Archdeaconry. 

Canon, 1874, 1897. 
1. See note 3, p. 5. 



16 CANONS OF THE DIOCESE OF MARYLAND. 



CANON X. 

Of the Siipport of Ministers. 

Whereas, it is enjoined that the minister of the Gospel shall live 
of the Gospel, and it is the right and duty of every parishioner or 
member of a Congregation to contribute his or her share to the sup- 
port of the Ministry, as God hath given ability ; and whereas, it is 
the business of the Vestry of each Parish or Congregation to take 
care for the fulfillment of the Divine command, by the diligence of 
the people : It shall be the duty of the Vestry of each Parish or 
Congregation to provide, by taking care fur the gathering of offerings 
in Divine service, except the alms at Holy Communion, or by the 
procurement and collection of subscriptions or of pew-rents by com- 
mittees or otherwise, for the payment of the amount stipulated for the 
support of the Rector or Minister or Ministers quarterly in advance ; 
or at such intervals and on such conditions as may be stipulated and 
agreed upon by the Vestry and Rector, or Minister or Ministers, and 
it shall be the duty of every Lay Delegate, at every Annual Conven- 
tion, to report to the Bishop and to state distinctly whether this Canon 
shall have been obeyed ; and it shall be the duty of the Secretary of 
the Convention to report at some time before the close of each 
Annual Convention, and enter on the Journal, a list of the names of 
all Parishes and Congregations not reported as having fulfilled this 
Canon. 

Canons of 1850, 1856, 1872, 1873. 

CANON XL 

Of the Permanent Clerical Snstentation Fund. 

There shall be established, under the sanction of this Convention 
and be held by it, a Fund to be entitled " The Permanent Clerical 
Snstentation Fund." Until otherwise directed, this Fund shall be 
administered by the Trustees of Church Charities ; and the income 
shall be allowed to accumulate until it shall amount yearly to at least 
one thousand dollars. From and after that time the yearly income 
shall be paid over to the Committee of Missions of the Diocese for 
Pastoral Aid, and any surplus over what may by required for that 
purpose, shall be expended for the establishment and maintenance of 
Mission Stations within the Diocese. 

Canon, 1875. Journal, p. 62. 



CANONS OF THE DIOCESE OF MARYLAND. 



17 



OF CLERICAL DISCIPLINE. 



CANON XII. 

Of the mode of instituting Proceedings against Clergymen. 

Whenever the Bishop shall, either from his own observation or 
from any information which he shall deem worthy of notice, have 
reason to believe that there are grounds for an investigation into the 
conduct of any Priest or Deacon of this Diocese, for having been 
guilty of offences for which he is liable to be tried according to Canon 
2, Title II., of the Digest of the General Convention, he may, in his 
discretion, convene the Standing Committee and lay before them the 
information in his possession. And whenever the Standing Committee, 
or a majority of them, shall, from any information so laid before them 
by the Bishop or from any other information which they or a majority of 
them may think worthy of notice, be of opinion that it is proper that 
a judicial investigation of the conduct of any Priest or Deacon should 
take place, they shall present that fact to the Bishop, with such a 
general statement of the facts of the case as may serve for a ground 
work upon which charges may be drawn. It shall be the duty of the 
Bishop upon the receipt of such presentment, to cause the charge or 
charges to be drawn up in such form as will, with reasonable certainty, 
give to the accused notice of the particular matters charged as offences. 
The style of charge, or charges, shall be, "Articles, or charges, 

against , exhibited on behalf of the Church, to the Bishop of 

the Diocese of Maryland, by , acting as Church Advocate, in 

consequence of a presentment made to the said Bishop, by the Stand- 
ing Committee of the said Diocese. 

Canons of 1788, 1790, 1800, 1801, 1835, 1847, 1859, 1862, 1873. 

CANON XIII. 

Of Advocates and of Parties. 

Whenever it shall be determined to bring to trial any Clergyman, 
the Bishop shall appoint one person as Church Advocate, whose 
duty it shall be to prepare the charges and conduct the trial, on the 
part of the Church. It shall also be his duty to reduce the charges 
into form. He shall conduct the case with a single eye to eliciting 

2 



18 



CANONS OF THE DIOCESE OF MARYLAND. 



the truth and shall regard himself as much bound to protect the 
interests of the accused as those of the Church. The Church 
Advocate shall be considered the party on the one side, and the 
accused on the other. The accused shall have a right to call in any 
one person, whom he may choose, to assist him. 

Canon XXII., 1835. Amended, 1847, 1873. 



CANON XIV. 

Of Ecclesiastical Courts. 

There shall be an Ecclesiastical Court for the Diocese of Maryland, 
to try such charges as may be preferred against any Priest or Deacon 
of said Diocese. It shall be composed of seven Presbyters, not 
members of the Standing Committee. They shall be appointed by 
the Bishop, by and with the advice and consent of the majority of 
the Diocesan Convention, during the present Convention [1847], and 
biennially thereafter, and shall continue in office until others shall 
have been chosen in their places, unless sooner removed by a vote of 
the Convention. The Bishop, by and with the advice and consent of 
the majority of the Convention, shall have power to fill all vacancies 
which may occur by such removal or by death, resignation, removal 
from the Diocese, or election into the Episcopate or Standing Com- 
mittee. Provided, that whenever any vacancy occurs from any of the 
aforesaid causes, in the interval between the sessions of the Conven- 
tion, the Bishop shall have power to fill the same, until the meeting of 
the next Convention. Whenever a charge or charges against any 
Priest or Deacon of this Diocese shall have been reduced to writing 
by the Church Advocate, agreeably to the provisions of the Canons, 
it shall be his duty to deliver to the Bishop two copies of the same, 
signed with his own hand. It shall then be the duty of the Bishop to 
transmit one of the said copies to the accused, together with notice of 
the time and place of trial, both of which the Bishop shall prescribe. 
The charges and notice shall be delivered to the accused or left at his 
place of abode, at least thirty days before the time appointed for the 
trial. The Bishop shall also issue a precept, directed to all the mem- 
bers of the Ecclesiastical Court, requiring them or any five or more 
of them, to proceed to the trial of the accused at the prescribed time 
and place, which precept, together with another copy of the charges, 
signed by the Church Advocate, shall be transmitted by the Bishop 



CANONS OF THE DIOCESE OF MARYLAND. 



19 



to the President of the Court, whose duty it shall be, upon receipt of 
the same, to cause all the members of the Court to be summoned to 
meet at the prescribed time and place. Any five of them who shall 
attend, in pursuance of such summons, shall constitute the Court. It 
shall be the duty of the members of the Court to convene, imme- 
diately after the election, at a time and place to be appointed by the 
Bishop and elect, from their own body, a President and Secretary. It 
shall be the duty of the Secretary, within five days after such' election 
and after every change in the office of President, to notify the Bishop 
of the name of the person chosen President. 

Canons of 1788, 1807, 1835, 1847, 1871. 



CANON XV. 

Provisions relative to Discipline, during a vacancy in the Episcopal 

Office. 

In case of a vacancy in the Episcopal Office, the President of the 
Convention, for the time being, shall have and exercise all the 
powers relating to discipline, given to the Bishop by the Canons, 
except such as belong exclusively to the Episcopal Order. 

If the President of the Convention shall himself be the person 
accused, any two members of the Standing Committee may apply to 
any Bishop of the Protestant Episcopal Church in the United States, 
to exercise the powers of the Bishop of Maryland in the particular 
case, and the Standing Committee shall take the canonical steps for 
the trial of the accused under the direction of such Bishop. 

Canons of 1800, 1835, 1847. 



CANON XVI. 

Of the Trial of Clergy?nen. 

Upon the trial of any Clergyman upon any charge or charges, 
both parties shall have a right to summon witnesses and have reason- 
able delay, if necessary in the opinion of the Court, to obtain their 
attendance ; and both parties may take depositions, to be used at the 
trial, after giving to the other reasonable notice of the time and place 
of taking the same. No accused Clergyman shall be convicted of 



20 



CANONS OF THE DIOCESE OF MARYLAND. 



any offence, except upon the oath of two credible witnesses, or upon 
the oath of one witness whose testimony is corroborated by pregnant 
circumstances. 

All testimony shall be upon oath, which shall be administered by 
the President of the Court. 

All spectators shall be excluded except the Clergy of the Diocese 
and the Vestry of the Parish or Congregation with which the accused 
is connected, and such of the relations and friends of the accused as 
to the Court may appear proper. The presence of a majority of the 
members of the Court shall be requisite to the transaction of any 
business connected with the trial, and on the final question, whether 
the accused is guilty or not, no member shall be permitted to vote or 
considered present, who shall not have been present at the delivery of 
all the testimony during the whole trial and of the defence of the 
accused, if he have made any. Unless a majority of the members of 
the Court, entitled to vote on the final question of whether the 
accused is guilty or not, shall vote that he is guilty, he shall be 
acquitted. And in no case shall he be found guilty unless at least 
three members of the Court vote for his conviction. 

Canon IX., 1788. Amended, 1807, 1809, 1835, 1847, 1873. 



CANON XVII. 

Of the mode of Compelling the Appearance of an Accused 
Clergyman. 

If any Clergyman, accused of any offence, shall neglect to attend 
at the time and place appointed for the meeting of the Court which 
is convened to try him, after due notice given to him, the Court 
shall report the fact to the Bishop, who shall suspend such Clergy- 
man from the Ministry for contumacy, until he shall appear and 
demand a trial. If he apply to the Bishop, within six months from 
the day on which the sentence of suspension shall have been pro- 
nounced, for a trial, a Court shall be convened and the trial proceed 
in the manner provided for in the Canons. If he shall no.t apply for 
a trial within six months, the Bishop shall pronounce sentence of 
degradation from the Ministry, for contumacy. 

Canon XXII., 1835. Canon XL, 1847. 



CANONS OF THE DIOCESE OF MARYLAND. 21 



CANON XVIII. 

Of Clergymen who shall be charged with renouncing the Ministry, or 
separating themselves from the Communion of the Church, and shall 
neglect to answer such charge. 

If any Clergyman shall be charged with wilfully discontinuing, 
without lawful cause, the Ministry of this Church, or with separating 
himself from her Communion and shall, after having been canonically 
notified of the time and place of trial, neglect to appear at such time 
and place, it shall be lawful for the Court, if they think proper to do 
so, to hear the case in his absence ; and, if the majority shall find him 
guilty, to report to the Bishop, as if he had appeared, whereupon the 
Bishop shall proceed to pass sentence. 

Canon XII., 1847. 

CANON XIX. 

Of Ecclesiastical Sentences. 

If the accused, after canonical trial, shall be found guilty by a 
canonical majority, the opinion of the Court, together with all their 
proceedings, including all the testimony taken in the case, shall be 
transmitted to the Bishop before it is transmitted to the accused or in 
any way made public. The Court shall also declare to the Bishop 
the punishment, which, in their opinion, the offence or offences 
deserves. Should he concur in opinion with the Court, he may pro- 
ceed to reprove, suspend or degrade, as the offence may be thought 
by him to deserve ; always provided, that he shall inflict no punish- 
ment beyond that recommended by the Court. 

Canon IX., 1788. Amended, 1801, 1835, 1847. 



CANON XX. 

Of the Promulgation of Ecclesiastical Sentences. 

All sentences of reproof, suspension, or degradation, shall be pro- 
nounced by the Bishop. A copy of a sentence of suspension shall 
be sent to the accused and another to the Vestry or Vestries of the 
Parish or Parishes, or Congregation or Congregations, with which he 



92 



€ANONS OF THE DIOCESE OF MARYLAND. 



may be canonically connected, and such other publicity may be given 
to it as the Bishop may think expedient. A sentence of degradation 
shall be made known in the manner directed by Canon 39 of the 
General Convention of 1832. 1 

Canon XXII., 1835. Amended, 1847. 
1. Digest, Title II., Canon 5, §i. 

CANON XXI. 

Provision for Pronouncing Sentence on Clergymen, during a 
Vacancy in the Episcopal Office. 

In case any Clergyman who shall have been duly notified of the 
time and place fixed for his trial, shall have neglected to appear or 
been canonically found guilty of any charge, the Court may transmit 
their report in the case of contumacy, or in case of conviction, their 
opinion, with the testimony and other proceedings, to the Bishop of 
some other Diocese, who shall be requested, and is hereby authorized 
to act thereon and proceed in the same manner as he would be author- 
ized to do were he the Bishop of this Diocese. 

Canon XX., 1835. Amended, 1847. 

I 



REGULATIONS RESPECTING THE LAITY. 



CANON XXII. 

Communicants to have Family Worship. 

It shall be the duty of every Communicant in this Church, who is 
the head of a family, to live in the daily exercise of family worship. 

Canon XVII. , 1801. Amended, 1835, 1847. 

CANON XXIII. 

The members of this Church to instruct their families in the principles 

of Religion. 

The members of this Church shall instruct their families, as far as 
they are able, in the principles of the Christian Religion and shall 
cause their children to attend the catechetical instructions of their 



CANONS OF THE DIOCESE OF MARYLAND. 23 

Rector; and as soon as they are sufficiently informed and impressed 
with the importance and sacredness of their baptismal vow, they shall 
present them to the Rector as candidates for Confirmation; who shall 
examine them and, if satisfied of their fitness, recommend them to the 
Bishop for Confirmation. 

Canon XVIII., 1801. Amended, 1835, 1847. 

CANON XXIV. 

Ministers to be caref ul in admitting to the Holy Communion. 

No member of this Church, who has not previously communed, 
shall offer himself for the reception of the Lord's Supper, nor shall 
any Minister enroll any persons as Communicants of his Congregation, 
until the Minister shall have conversed with such person or persons on 
the subject, or until he shall be satisfied that they have been regular 
Communicants in his own or some other Congregation. 

Canon VIII., 1790. Amended, 1835, 1847. 

CANON XXV: 

Excluding from the Holy Communion, and Sponsorship in Baptism, 
notorious transgressors. 

Ministers shall be careful not to admit any persons to the Holy 
Communion or as Sponsors in Baptism, who are notorious transgres- 
sors ; and the Vestries of vacant Parishes shall endeavor to prevent such 
persons from being imposed on Ministers visiting such Parishes. 

Canon XXII., 1801. Amended, 1835, 1847. 

CANON XXVI. 

Communicants who neglect to receive the Lord's Supper, to be stricken 

from the roll. 

Any Communicant who shall neglect for six months successively 
to attend the celebration of the Lord's Supper, having opportunity, 
may, at the discretion of his or her Rector, be stricken from the list 
of Communicants, unless satisfactory reasons for such neglect be 
assigned to the Rector. 

Canon XIX., 1835. Amended, 1847. 



24 CANONS OF THE DIOCESE OF MARYLAND. 

MISCELLANEOUS CANONS. 



CANON XXVII. 
Of Parish Registers. 

Whereas, by Canon 18, §v, Title L, of the Digest of the General 
Convention it is required that "Every Minister of this Church shall keep 
a Register of Baptisms, Confirmations, Communicants, Marriages, and 
Funerals, within his cure, agreeably to such rules as may be provided 
by the Convention of the Diocese where his cure lies"; it is hereby 
made the duty of the Vestry of each Parish or Church, to provide a 
suitable and substantial book, which book shall be the " Parish 
Register"; which shall be kept by the Minister of the Parish or 
Church, and left, upon his death or removal, for the use of his suc- 
cessor. It shall be the duty of every Minister, in making the records, 
to specify the name and date of birth of each child baptized, with the 
names of the parents and sponsors ; the name of the adult baptized 
and the witnesses ; also the name of the officiating Minister ; the names 
of the persons confirmed, and the name of the Bishop who performed 
the rite ; the names of the Communicants in the Parish or Congrega- 
tion, with the incidents of removal, - death or discipline ; the names of 
the parties married and the name of the officiating Minister; the 
names and ages of the persons buried, as also the time when and place 
where each rite was performed. 

Every Minister shall also make out and continue, as far as practi- 
cable, a list of all the families and adult persons within his cure. 

Canons L, II., III., IV., 1T90. Amended, 1835, 1873. 



CANON XXVIII. 

Of the Standing Committee. 

Whereas, by Canon 2, §i, Title III., of the Digest of the General 
Convention it is required that, "In every Diocese there shall be a 
Standing Committee, to be appointed by the Convention thereof, 
whose duties, except so far as provided for by the Canons of the 
General Convention, may be prescribed by the Canons of the 



CANONS OF THE DIOCESE OF MARYLAND. 



25 



respective Dioceses"; therefore in addition to the Canons of the 
General Convention and the provision of the 9th article of the Con- 
stitution of the Diocese of Maryland touching Standing Committees, 
it is hereby declared that the Bishop shall have power to call special 
meetings of the Standing Committee at such times and places as 
may appear to him to be necessary and expedient ; and also, that if 
from any cause, the Annual Convention should not be held at the 
appointed time or if such Convention should be held but no election 
be made, then the last Standing Committee elected shall continue to 
perform the duties of the office until a new election takes place. It 
shall be the duty of the Secretary of this Committee to keep a 
faithful record of all its proceedings ; which record, together with all 
records in their hands, relative to the Church, shall be subject to the 
examination of the Bishop. They shall annually make a report to 
the Convention of their official acts. 

Canon XXIX., 1847. Amended, 1873. Last two sentences added 187G, 
Journal, p. 50, 51. 



CANON XXIX. 

Of Vacant Parishes or Congregations. 

Sfx. 1. When a Parish or Congregation becomes vacant, it shall 
be the duty of the Vestry forthwith to give notice thereof to the 
Bishop or, if there be no Bishop, to the President of the Standing 
Committee. 

Sfx. 2. It shall also be the duty of the Vestry to make suitable 
provision for the due and regular performance of Divine Services 
and for such ministerial acts as may be required during the vacancy. 
Should the Vestry fail, through neglect or inability, for the space of 
one calendar month, to make such provision, it shall then be the duty 
of the Bishop or, if there be no Bishop, of the President of the 
Standing Committee, to take such order for the temporary supply as 
in each case may be practicable"; and it shall be the duty of the 
Vestry of the Parish or Congregation thus supplied to defray the 
reasonable expenses thus incurred. 

Canons of 1800, 1812, 1835, 1847, 1848, 1888. See Journal, 1888, p. 18, for 
present Canon, 



26 



CANONS OF THE DIOCESE OF MARYLAND. 



CANON XXX. 

Providing the Elements of the Holy Communion. 

In every Parish or Church, the Churchwardens, if required by the 
Rector, shall provide the elements of bread and wine for the Holy 
Communion. 

CANON XXXI. 

Of the Deputies to the General Covention. 

Sec. i. At the Annual Convention immediately preceding the 
meeting of the General Convention, there shall be elected by ballot, 
four Clerical and four Lay Deputies to said General Convention, who 
shall receive a majority of the votes of the Convention. 

Sec. 2. Immediately after the election of said Deputies, there 
shall be elected by ballot, four Clerical and four Lay Alternate 
Deputies. 

Sec. 3. It shall be the duty of the Secretary of the Convention at 
least one month before the session of the General Convention to 
notify each of the Deputies elected, to signify to him at least one week 
before the session of the General Convention, his acceptance of the 
election and appointment, and of his intention to perform the duties of 
such office ; and in default of receiving such notice from any one or 
more Deputies, the Secretary of the Convention shall designate and 
certify from the list of persons elected as Alternate Deputies, such 
persons as may be necessary to secure a full attendance of the 
Deputies of each order from this Diocese at the next ensuing session 
of the General Convention. 

And should a deficiency in such attendance occur in any way there- 
after or during a session of the General Convention, the Secretary of 
the Convention, on receiving notice thereof, shall designate and certify 
from the list of persons elected as Alternate Deputies such persons as 
may be necessary to secure a full attendance of the Deputies of each 
Order from this Diocese at the next ensuing or pending session of the 
General Convention. 

And the persons thus designated by the Secretary of the Conven- 
tion, when furnished by the Secretary of this Convention with a cer- 



CANONS OF THE DIOCESE OF MARYLAND. 



27 



cate of such designation, shall have all the power and authority of 
eputies duly elected as such by the Convention of this Diocese. 
Provided, however, that such designation from such list of Alternate 
Deputies shall be made, beginning with that person of the order 
among whose members such deficiency may have occurred, who shall 
have received the highest number of votes cast for persons in that order ; 
and designations afterwards shall be made in succession from those 
receiving the next higher number of votes in such order. 

Sec. 4. In case of the absence or inability to act of the Secretary 
of the Convention, the person who acted as Assistant Secretary at that 
session of the Convention at which the election of Deputies to the 
General Convention was had shall discharge the duties in this Canon 
assigned to such Secretary of the Convention. 

Canon, 1892. 



Selected Canons 

of THE 

General Convention. 



CANON 12. TITLE I. 
Of Lay Readers. 

§ i. A Lay Communicant of this Church may receive from the 
Bishop a written license to conduct the service of the Church in a 
Congregation convened for public worship, as a Lay Reader; but 
such license shall not be granted for conducting the service in a Con- 
gregation without a Minister, which is able, and has had reasonable 
opportunity, to secure the services of an ordained Minister. Such 
license may be given by the Bishop, of his own motion, for service in 
any vacant Parish, Congregation, or Mission ; but where a Rector is 
in charge, his request and recommendation must have been previously 
signified to the Bishop. Such license must be given for a definite 
period not longer than one year from its date ; but it may be renewed 
from time to time by the Bishop's indorsement to that effect. The 
license of any Lay Reader may be revoked at the discretion of the 
Ecclesiastical Authority. 

§ ii. A Lay Reader so licensed shall not act as such in any Diocese 
other than his own, unless he shall have received another license from 
the Bishop of the Diocese in which he desires to serve. If he be a 
student in any Theological Seminary, he shall also obtain the permis- 
sion of the presiding officer of such institution. 

§ iii. Every Lay Reader shall be subject to such regulations as 
may be prescribed by the Ecclesiastical Authority. In all matters 
relating to the conduct of the service, and to the Sermons *or Homilies 
to be read, he shall conform to the directions of the Minister in 
charge of the Parish, Congregation, or Mission in which he is serving, 
or where there is no Minister in charge, to the directions of the 
Bishop. He shall not use the Absolution, nor the Benediction, nor 
the Offices of the Church, except those for the Burial of the Dead, 
and for Visitation of the Sick and of Prisoners, omitting in these last 
the Absolutions and Benedictions. He shall not deliver Sermons of 
his own composition ; but he may deliver addresses, instructions, 



CANONS OF THE GENERAL CONVENTION. 29 



and exhortations as a catechist in vacant Parishes, Congregations, or 
Missions, if he be specially licensed thereto by the Bishop. He shall 
not assume the dress appropriate to Clergymen ministering in the 
Congregation. 



CANON 13. TITLE I. 
Of Deaconesses. 

§ i. Unmarried women of devout character and proved fitness 
may be' appointed to the office of Deaconess by any Bishop of this 
Church. 

§ ii. The duty of a Deaconess is to assist the Minister in the care 
of the poor and sick, the religious training of the young and others, 
and the work of moral reformation. 

§ iii. No woman shall be appointed to the office of Deaconess 
until she shall be at least twenty-five years of age, nor until she shall 
have laid before the Bishop testimonials certifying that she is a com- 
municant in good standing of this Church, and that she possesses 
such characteristics as, in the judgment of the persons testifying, fit her 
for at least one of the duties above defined. The testimonial of fitness 
shall be signed by two Presbyters of this Church, and by twelve Lay 
Communicants of the same, six of whom shall be women. The 
Bishop shall also satisfy himself that the applicant has had an 
adequate preparation for her work, both technical and religious, which 
preparation shall have covered the period of two years. 

§ iv. No Deaconess shall accept work in a Diocese without the 
express authority, in writing, of the Bishop of that Diocese ; nor 
shall she undertake work in a Parish without the like authority from 
the Rector of the Parish. 

§ v. When not connected with a Parish the Deaconess shall be 
under the direct oversight of the Bishop of the Diocese in which she 
is canonically resident. A Deaconess may be transferred from one 
Diocese to another by letter dimissory. 

§ vi. A Deaconess may at any time resign her office to the Eccle- 
siastical Authority of the Diocese in which she is at the time 
canonically resident; but no Deaconess, having once resigned her 
office, shall be re-appointed thereto, unless there be, in the judgment 
of the Bishop of the Diocese where she resigned her office, weighty 
cause for such re-appointment. 

§ vii. The Bishop shall have power, for cause, after a hearing 
granted, to suspend or remove a Deaconess from her office. 

§ viii. No woman shall act as a Deaconess until she has been set 
apart for that office by an appropriate religious service, to be prescribed 
by the General Convention, or, in the absence of such prescription, 
by the Bishop. 



30 CANONS OF THE GENERAL CONVENTION. 



CANON 17. TITLE I. 

Of Persons not Ministers in this Church officiating in any 
Congregation thereof. 

No Minister in charge of any Congregation of this Church, or, 
in case of vacancy or absence, no Churchwardens, Vestrymen, or 
Trustees of the Congregation, shall permit any person to officiate 
therein, without sufficient evidence of his being duly licensed or 
ordained to minister in this Church : Provided, that nothing herein 
shall be so construed as to forbid communicants of the Churclj to act 
as Lay Readers. 

Title I., Canon 11, Sections i. and ii. are hereby repealed : Provided, 
that such repeal shall not affect any case of a violation of said Canon 
committed before this date ; but such case shall be governed by the 
same law as if no such repeal had taken place. 



CANON 18. TITLE I. 

General Regulations of Ministers and their Duties. 

§ i. [1.] It is hereby required that, on the election of a Minister 
into any Church or Parish, the Vestry shall deliver, or cause to be 
delivered, to the Bishop, or where there is no Bishop, to the Stand- 
ing Committee of the Diocese, notice of the same, in the following 
form, or to this effect : 

We, the Churchwardens [or, in case of an Assistant Minister, We, 
the Rector and Churchwardens], do certify to the Right Rev. {naming the 
Bishop'], or to the Rev. [naming the President of the Standing Committee], 
that [naming the person] has been duly chosen Rector [or, Assistant 
Minister, as the case may be] of [naming the Parish or Church]. 

Which certificate shall be signed by the names of those who 
certify. 

[2.] If the Bishop or the Standing Committee be satisfied that the 
person so chosen is a qualified Minister of this Church, the Bishop, 
or the President of the Standing Committee, shall transmit the said 
certificate to the Secretary of the Convention, who shall record it in 
a book to be kept by him for that purpose. 

[3.] And if the Minister be a Presbyter, the Bishop, or President 
of tjie Standing Committee, may, at the instance of the Vestry, proceed 
to have him instituted according to the Office established by this Church, 
if that Office be used in the Diocese. But if he be a Deacon, the act 
of institution shall not take place until after he shall have received 
Priest's Orders. This provision concerning the use o£ the Office of 
Institution is not to be considered as applying to any congregation 
destitute of a house of worship. 



CANONS OF THE GENERAL CONVENTION. 



ai 



§ ii. No Minister, removing from one Diocese or Missionary 
District to another, shall officiate as the Rector, Stated Minister, or 
Assistant Minister of any Parish or Congregation of the Diocese or 
District to which he removes, until he shall have obtained from the 
Ecclesiastical Authority a certificate in the words following : 

I hereby certify that the Rev. A. B. has been canonically transferred to 
my jurisdiction, and is a minister in regular standing. 

§ iii. [1.] The Ministers of this Church who have charge of 
parishes or cures, shall not only be diligent in instructing the children 
in the Catechism, but shall also, by stated catechetical lectures and 
instruction, be diligent in informing the youth and others in the Doc- 
trine, Constitution, History, and Liturgy of the Church. They shall 
also diligently instruct all in their cures concerning the missionary 
work of the Church at home and abroad, and offer suitable oppor- 
tunities for contributions from time to time for the maintenance of 
that work. 

[2.] The Alms and Contributions at the Administration of the 
Holy Communion shall be deposited with the Minister of the Parish, 
or with such Church officer as shall be appointed by him, to be 
applied by the Minister, or under his superintendence, to such pious 
and charitable uses as shall by him be thought fit. 

§ iv. [1.] It shall be the duty of Ministers to prepare young 
persons and others for the holy ordinance of Confirmation. And on 
notice being received from the Bishop of his intention to visit any 
Church, which notice shall be at least one month before the intended 
visitation, the Minister shall give immediate notice to his parishioners, 
individually, as opportunity may offer, and also to the Congregation 
on the first occasion of public worship after the receipt of said notice. 
And he shall be ready to present for Confirmation such persons as he 
shall think properly qualified, and shall deliver to the Bishop a list of 
the names of those confirmed. 

[2.] And at every visitation it shall be the duty of the Minister, and 
of the Churchwardens or Vestry, to give information to the Bishop of 
the state of the Congregation, under such heads as shall have been 
committed to them in the notice given as aforesaid. 

[3.] And further, the Ministers and Churchwardens of such Congre- 
gations as cannot be conveniently visited in any year, shall bring or 
send to the Bishop, at the stated meeting of the Convention of the 
Diocese, information of the state of the Congregation, under such 
heads as shall have been committed to them at least one month before 
the meeting of the Convention. 

§ v. [1.] Every Minister of this Church shall keep a Register of 
Baptisms, Confirmations, Communicants, Marriages, and Funerals, 
within his cure, agreeably to such rules as may be provided by the 
Convention of the Diocese where his cure lies ; and if none such be 
provided, then in such manner as in his discretion he shall think best 
suited to the uses of such register. 



3-2 



CANONS OF THE GENERAL CONVENTION. 



[2.] The intention of the Register of Baptisms is hereby declared to 
be, as for other good uses, so especially for the proving of the right of 
the Churchmembership of those who may have been admitted into 
this Church by the holy ordinance of Baptism. 

[3.] Every Minister of this Church shall make out and continue, as 
far as practicable, a list of all families and adult persons within his 
cure, to remain for the use of his successor, to be continued by him, 
and by every future Minister in the same Parish. 

§ vi. [1.] No Minister belonging to this Church shall officiate, either 
by preaching, reading prayers, or otherwise, in the Parish, or within 
the parochial cure, of another Clergyman, unless he have received 
express permission for that purpose from the Minister of the Parish 
or cure, or, in his absence, from the Churchwardens and Vestrymen, 
or Trustees of the Congregation, or a majority of them. 

[2.] Where Parish boundaries are not defined by law, or settled by 
Diocesan authority under Title III., Canon 3, Section ii. of this Digest, 
or are not otherwise settled, they shall, for the purposes of this Sec- 
tion, be defined by the civil divisions of the State, as follows: 

Parochial boundaries shall be the limits, as now fixed by law, of any 
village, town, township, incorporated borough, city, or the limits of 
some division thereof which may have been recognized by the Bishop, 
acting with the advice and consent of the Standing Committee, as 
constituting the boundaries of a Parish. 

If there be but one Church or Congregation within the limits of such 
village, town, township, borough, city, or such division of a city or 
town as herein provided, the same shall be deemed the parochial cure 
of the Minister having charge thereof. If there be two or more Con- 
gregations or Churches therein, it shall be deemed the cure of the 
Ministers thereof, and the assent of a majority of such Ministers shall 
be necessary ; but nothing in this Canon shall be construed to prevent 
any Clergyman of this Church from officiating in any Parish Church 
or in any place of public worship used by any Congregation of this 
Church, or elsewhere within the parochial cure of the Minister of the 
said Congregation, with the consent of the Clergyman in charge of 
such Congregation ; or, in his absence, of the Churchwardens and 
Vestrymen or Trustees of such Congegation, or of a majority of 
them. ^ 

When, under Diocesan authority, a new Parish is constituted, and 
its boundaries defined, this Section shall be applicable to the same as 
so established. 

[3.] If any Minister of the Church, from inability or any other 
cause, neglect to perform the regular services in his Congregation, 
and refuse, without good cause, his consent to any other Minister of 
the Church to officiate within his cure, the Churchwardens, Vestry- 
men, or Trustees of such Congregation shall, on proof of such neglect 
or refusal before the Bishop of the Diocese, or if there be no Bishop, 
before the Standing Committee, or before such persons as may be 



CANONS OF THE GENERAL CONVENTION. 



33 



deputed by him or them, or before such persons as may be, by the 
regulations of this Church in any Diocese, vested with the power 
of hearing and deciding on complaints against Clergymen, have 
power, with the written consent of the before-mentioned authority, 
to open the doors of their Church to any regular Minister of the 
Protestant Episcopal Church. 

[4.] This Canon shall not affect any legal rights of property of 
any Parish. 

§ vii. [1.] A Minister of this Church removing into the jurisdiction 
of any Bishop or other Ecclesiastical Authority, shall, in order to gain 
canonical residence within the same, present to said Ecclesiastical 
Authority a testimonial from the Ecclesiastical Authority of the Diocese 
or Missionary Jurisdiction in which he last resided, which testimonal 
shall set forth his true standing and character. The said testimonial 
shall be given by the Bishop to the applicant, and a duplicate thereof 
may be sent directly to the Bishop of the Diocese or Missionary Juris- 
diction to which said Minister proposes to remove. The testimonial 
may be in the following words: 

" I hereby certify that A. B., who has signified to me his desire to 
be transferred to the Ecclesiastical Authority of , is a Pres- 

byter (or Deacon) of , in regular standing, and has not, so 

far as I know or believe, been justly liable to evil report, for error in 
religion, or viciousness of life, for three years last past." 

[2.] All such testimonials shall be called Letters Dimissory. The 
canonical residence of the Minister so transferred shall date from the 
acceptance of his Letter Dimissory, of which the accepting Bishop 
shall give prompt notice both to the applicant and to the Bishop from 
whom it came. If not presented to the Bishop within six months from 
the date of its transmission to the applicant, it shall become thereby 
wholly void. 

[3.] If a Minister, removing into another Diocese, who has been 
called to take charge of a parish or congregation, shall present a 
Letter Dimissory in the form above given, it shall be the duty of the 
Ecclesiastical Authority of the Diocese to which he has removed, to 
accept it within six months, unless the Bishop or Standing Committee 
should have heard rumors, that he or they believe to be well founded, 
against the character of the Minister concerned, which would form a 
proper ground of canonical inquiry and presentment, in which case the 
Ecclesiastical Authority shall communicate the same to the Bishop or 
Standing Committee of the Diocese to whose jurisdiction the said 
Minister belongs ; and, in such case, it shall not be the duty of the 
Ecclesiastical Authority to accept the Letter Dimissory unless and 
until the Minister shall be exculpated from the said charges. 

[4.] It shall be the duty of all Ministers to obtain and present let- 
ters of transfer as above described, whenever they remove from one 
Diocese or Missionary District to any other Diocese or Missionary 
District, whether Domestic or Foreign, and remain there for the space 
of six months. This provision shall not apply to Professors in any 



3 



CANONS OF THE GENERAL CONVENTION. 



institution of learning, Officers of the Board of Missions, and Chaplains 
of the Army and Navy of the United States. But no Minister, who 
shall have taken up his residence in a Diocese to which he has not 
been canonically transferred, shall be competent to minister therein 
without the license of the Bishop. 



CANON 20. TITLE I. 

Of the Mode of Securing an Accurate View of the State of the Church. 

§ i. As a full and accurate view of the state of the Church, from 
time to time, is highly useful and necessary, it is hereby ordered that 
every Minister of this Church, or if the parish be vacant the Wardens, 
shall present, or cause to be delivered, on or before the first day of 
every Annual Convention, to the Bishop of the Diocese, or where there 
is no Bishop to the President of the Convention, a statement of the 
number of Baptisms, Confirmations, Marriages, Funerals, and of the 
number of Communicants in his Parish or Church ; also the state and 
condition of the Sunday School in his Parish ; also of the amount of 
the Communion alms, the contributions for Missions, Diocesan, 
Domestic, and Foreign, for Parochial Schools, for Church purposes in 
general, and of all other matters that may throw light on the state of 
the same. And every Clergyman, not regularly settled in any Parish 
or Church, shall also report the occasional services he may have per- 
formed ; and, if he have performed nO such services, the causes or 
reasons which have prevented the same. ' And these reports, or such 
parts of them as the Bishop shall think fit, may be read in Convention, 
and shall be entered on the journals thereof. 

§ ii. At every Annual Diocesan Convention, the Bishop shall 
deliver an Address, stating the affairs of the Diocese since the last 
meeting of the Convention ; the names of the Churches which he has 
visited ; the number of persons confirmed ; the names of those who 
have been received as Candidates for Orders, and of those who have 
been ordained, suspended, or degraded ; the changes by death, 
removal, or otherwise, which have taken place among the Clergy ; and 
in general, all matters tending to throw light on the affairs of the 
Diocese ; which address shall be inserted on the journals. 

§ iii. At every General Convention, the journals of the different 
Diocesan Conventions, since the last General Convention, together 
with such other papers, viz., Episcopal charges, addresses, and pas- 
toral letters, as may tend to throw light on the state of the Church in 
each Diocese, shall be presented to the House of Deputies. A Com- 
mittee shall then be appointed to draw up a view of the state of the 
Church, and to make report to the House of Deputies ; which report, 
when agreed to by the said House, shall be sent to the House of 
Bishops, with the request that they will draw up, and cause to be 
published, a Pastoral Letter to the members of the Church. And it is 



CANONS OF THE GENERAL CONVENTION. 



35 



hereby made the duty of every Clergyman having a pastoral charge, 
when any such Letter is published, to read the said Pastoral Letter to 
his congregation on some occasion of public worship. 

§ iv. It shall be the duty of the Secretary of the Convention of 
every Diocese, or of the person or persons with whom the journals or 
other Ecclesiastical papers are lodged, to forward to the House of 
Deputies, at every General Convention, on or before the first Monday 
of the session, the documents and papers specified in this Canon. 

§ v. It shall be the duty of the Secretary of the Convention in 
every Diocese to prepare immediately after the adjournment of the 
meeting of the Diocesan Convention next preceding the Session of every 
General Convention, a list of the Clergy canonically resident therein 
and of persons admitted since the previous General Convention to the 
Order of Deacons or Priests and of persons deposed from the sacred 
ministry and of clergy that have died, and also a condensed report 
and a tabular review of the state of the Church in said Diocese, com- 
prising therein a summary of the statistics from the parochial reports, 
and from the Bishop's addresses, specifying as far as possible the cap- 
ital and proceeds of the Episcopal fund and of the funds of all benev- 
olent and missionary associations of Churchmen within the Diocese, 
and promptly to forward the same to the Secretary of the House of 
Deputies for the purpose of aiding the Committee on the State of the 
Church, appointed by the House of Deputies, in drafting their report. 

§ vi. All incorporated schools, all parochial schools, all academies 
and colleges, and all hospitals, asylums for orphans or other children 
of either sex, maintained at the expense, or conducted under the 
management of members of this Church, are expected to report 
annually to the Bishop of the Diocese at the annual Convention, 
such reports to be disposed of as the parochial reports ; and at every 
General Convention the tabular view of the state of the Church in 
each Diocese, and the report of the Committee on the state of the 
Church shall include the results of such reports. 



CANON 22. TITLE I. 

Of the Standard Book of Common Prayer. 

§ i. The copy of the Book of Common Prayer and Administration 
of the Sacraments and other Rites and Ceremonies of the Church, 
according to the use of the Protestant Episcopal Church in the 
United States of America, together with the Psalter or Psalms of 
David ; the Form of Making, Ordaining, and Consecrating Bishops, 
Priests, and Deacons, the Form of Consecration of a Church or 
Chapel, and an Office of Institution of Ministers, and Articles of 
Religion, set forth by the General Convention of this Church, in the 



m CANONS OF THE GENERAL CONVENTION 

year of our Lord 1892, and authenticated by the signatures of the 
presiding officers and secretaries of the two Houses of General Con- 
vention, and by the signatures of the members of the Joint Committee 
charged with the duty of preparing and submitting to the Convention 
a Standard Prayer Book, is hereby declared to be the Standard Book 
of Common Prayer of this Church. 

§ ii. All copies of the Book of Common Prayer to be hereafter 
made and published shall conform to this Standard, and shall agree 
therewith in paging, and, so far as it is possible, in all other matters 
of typographical arrangement, except that the rubrics may be printed 
either in red or in black. The requirement of uniformity" in paging 
shall apply only to that portion of the book which begins with the 
Order for the Daily Morning Prayer, and ends with the Psalter, and 
shall not extend to editions smaller than those known as 24mo, or to 
editions noted for music. 

§ iii. In case any typographical inaccuracy shall be found in the 
Standard Book of Common Prayer, its correction may be ordered by 
a joint resolution of any General Convention, and notice of such 
correction shall be communicated by the Custodian to the Ecclesias- 
tical Authority of each Diocese of this Church, and to actual publishers 
of the Book of Common Prayer. 

§ iv. Copies of this folio Standard Book of Common Prayer, duly 
authenticated as in the case of the Standard Book, shall be sent, when 
issued, to the Ecclesiastical Authority of each Diocese or Jurisdiction 
in trust for the use thereof, and for reference and appeal in questions 
as to the authorized formularies of this Church. 

§ v. Xo copy or edition of the Book of Common Prayer shall be 
made, printed, published, or used as of authority in this Church 
unless it contain the authorization of the Custodian of the Standard 
Book of Common Prayer, certifying that he or some person appointed 
by him has compared the said copy or edition with the said Standard 
or a certified copy thereof and that it conforms thereto. 

§ vi The House of Bishops shall nominate a person, who, after 
confirmation by the House of Deputies, shall be appointed the 
Custodian of the Standard Book of Common Prayer and shall have 
charge of the same. He shall hold office until his successor is 
appointed, and any vacancy occurring during the recess of General 
Convention may be provisionally filled by appointment of the Presid- 
ing Bishop. It shall be the duty of the Ecclesiastical Authority of 
any Diocese or Jurisdiction in which any unauthorized edition of the 
Book of Common Prayer or any part or parts thereof shall be 
published or circulated, to give public notice that the said edition is 
not of authority in this Church. 

§ vii. This Canon shall take effect immediately. 



CANONS OF THE GENERAL CONVENTION. 



37 



CANON 23. TITLE I. 

Of the Dice Celebration of Sundays. 

All persons within this Church shall celebrate and keep the Lord's 
Day, commonly called Sunday, in hearing the word of God read and 
taught, in private and public prayer, in other exercises of devotion, 
and in acts of charity, using all godly and sober conversation. 



CANON 24. TITLE I. 
Of the Use of the Book of Common Prayer. 

§ i. Every Minister shall, before all sermons and lectures, and 
on all other occasions of public worship, use the Book of Common 
Prayer, as the same is or may be established by the authority of the 
General Convention of this Church ; and in performing such services 
no other prayers shall be used than those prescribed by the said Book. 

§ ii. [1.] If any Bishop have reason to believe, or if complaint be 
made to him in writing by two or more of his Presbyters, that within 
his jurisdiction ceremonies or practices not ordained or authorized in 
the Book of Common Prayer, and setting forth or symbolizing erro- 
neous or doubtful doctrines, have been introduced by any Minister 
during the celebration of the Holy Communion (such as, 

a. The elevation of the Elements in the Holy Communion in such 
manner as to expose them to the view of the people as objects toward 
which adoration is to be made. 

b. Any act of adoration of or toward the Elements in the Holy 
Communion, such as bowings, prostrations, or genuflections ; and 

c. All other like acts not authorized by the Rubrics of the Book 
of Common Prayer:) 

It shall be the duty of such Bishop to summon the Standing Com- 
mittee as his Council of Advice, and with them to investigate the 
matter. 

[2.] If, after investigation, it shall appear to the Bishop and 
Standing Committee that ceremonies or practices not ordained or 
authorized as aforesaid, and setting forth or symbolizing erroneous or 
doubtful doctrines, have in fact been introduced as aforesaid, it shall 
be the duty of the Bishop, by instrument of writing under his hand, 
to admonish the Minister so offending to discontinue such practices or 
ceremonies ; and if the Minister shall disregard such admonition, it 
shall be the duty of the Standing Committee to cause him to be tried 
for a breach of his ordination vow. 

Provided, That nothing herein contained shall prevent the pre- 
sentment, trial, and punishment of any Minister under the provisions 
of Title II., Canon 2, Section i. of the Digest. 



CANONS OF THE GENERAL CONVENTION. 



[3.] In all investigations under the provisions of this Canon, the 
Minister whose acts or practices are the subject-matter of the investi- 
gation, shall be notified, and have opportunity to be heard in his 
defence. The charges preferred, and the findings of the Bishop and 
Standing Committee, shall be in writing, and a record shall be kept of 
the proceedings in the case. 

CANON 26. TITLE I. 
Of the Consecration of Churches. 

§ i. No Church or Chapel shall be consecrated until the Bishop 
shall have been sufficiently certified that the building and ground on 
which it is erected have been fully paid for, and are free from lien or 
other incumbrance ; and also that such building and ground are 
secured, by the terms of the devise, or deed, or subscription by which 
they are given, from the danger of alienation, either in whole or in 
part, from those who profess and practise the doctrine, discipline, and 
worship of the Protestant Episcopal Church in the United States of 
America, except in the cases provided for in Section ii. and iii. of this 
Canon: Provided, that this shall not preclude the alienation of lots for 
burial in vaults or otherwise, nor apply to land owned by the Church 
corporation and not neccessary for religious uses. 

§ ii. It shall not be lawful for any Vestry, Trustees, or other body 
authorized by law of any State or Territory, to hold property for any 
Diocese, Parish, or Congregation, to incumber or alienate any conse- 
crated Church or Chapel without the previous consent of the Bishop, 
acting with the advice and consent of the Standing Committee of the 
Diocese in which such Church or Chapel be situated : Provided, that 
this Section shall not be operative in any State with the laws of which, 
relating to the title and holding of property by religious corporations, 
the same may conflict. 

§ iii. No consecrated Church or Chapel shall be removed, taken 
down, or otherwise disposed of for any "unhallowed, worldly or com- 
mon use," without the previous consent of the Bishop, acting with the 
advice and consent of the Standing Committee of the Diocese in 
which such Church or Chapel may be situate. 

CANON 4. TITLE II. 

Of Differences between Ministers and their Congregations, and of the 
Dissolution of a Pastoral Connection. 

§ i. A Rector, canonically elected and in charge, or an Instituted 
Minister, may not resign his Parish without consent of the said Parish 
or its Vestry (if the Vestry be authorized to act in the premises) ; nor 
may such Rector or Minister be removed therefrom by said Parish or 
Vestry against his will, except as hereinafter provided. 



CANONS OF THE GENERAL CONVENTION. 



39 



§ ii. In case any urgent reason or reasons should occasion a wish 
in a Rector or Minister as aforesaid, or in the Parish committed to his 
charge, to bring about a separation and a dissolution of all pastoral 
relation between such Minister and Parish, and the parties be not 
agreed in respect of such separation and dissolution, notice of such 
desire and disagreement may be given by either party to the Ecclesi- 
astical Authority of the Diocese or Missionary Jurisdiction, in writing. 
And in case of any difference between the Minister and Parish or 
Vestry as aforesaid, which may not be satisfactorily settled by the 
godly judgment of the Bishop alone, or which he may decline to con- 
sider without counsel, the Bishop (or if the Diocese be vacant, any 
Bishop selected by the Ecclesiastical Authority), acting with the advice 
and consent of the Standing Committee of the Diocese or Missionary 
Jurisdiction, or with that of the Presbyters only of said Standing 
Committee (if both parties shall assent to such limitation in writing), 
shall be the ultimate arbiter and judge ; and refusal to accept and 
comply with the arbitration and judgment on the part of the Minister 
aforesaid, shall not work a continuance of lawful and canonical Rec- 
torship or settlement beyond the date fixed, conditionally or other- 
wise, for its termination by such arbitration and judgment, should 
such termination be recommended and required ; but such pastoral 
connection shall, unless otherwise agreed by the parties, cease and 
terminate as therein required. But such refusal shall subject the 
Minister so refusing to inhibition by the Bishop aforesaid from all 
ministerial offices and functions within the Diocese or Missionary Jur- 
isdiction ; and such refusal on the part of a Parish shall disqualify it 
from representation in the Convention of the. Diocese until it shall 
have been declared by the Ecclesiastical Authority to have given sat- 
isfactory guaranties for the acceptance of and compliance with the 
arbitration and judgment. 

§ iii. In case of the regular and canonical dissolution of the con- 
nection between a Minister and his Congregation, the Bishop, or if 
there be no Bishop, the Standing Committee, shall direct the Secre- 
tary of the Convention to record the same. But if the dissolution of 
the connection between a Minister and his Congregation be not regular 
or canonical, the Bishop or Standing Committee shall lay the same 
before the Convention of the Diocese, in order that the above-men- 
tioned penalties may take effect. 

§ iv. This Canon shall not be in force in any Diocese which has 
made, or shall hereafter make, provisions by Canon upon this subject, 
nor in any Diocese with whose laws or charters it may interfere. 

CANON 12. TITLE H. 

Regulations Respecting the Laity. 

§ i. A communicant removing from one Parish to another shall 
procure from the Rector (if any) of the Parish of his last residence, 
or, if there be no Rector, from one of the Wardens, a certificate stating 



40 



CANONS OF THE GENERAL CONVENTION. 



that he or she is a communicant in good standing ; and the Rector of 
the Parish or Congregation to which he or she removes shall not be 
required to receive him or her as a communicant until such letter be 
produced. 

§ ii. [1.] If any persons within this Church offend their brethren 
by any wickedness of life, such persons shall be repelled from the 
Holy Communion, agreeably to the rubric. 

[2.] There being the provision in the second rubric before the 
Communion Service requiring that every Minister repelling from the 
Communion shall give an account of the same to the Ordinary, it is 
hereby provided that, on the information to the effect stated being 
laid before the Ordinary, that is, the Bishop, it shall not be his duty 
to institute an inquiry, unless there be a complaint made to him in 
writing by the repelled party, within three months from such repulsion. 
But on receiving complaint, it shall be the duty of the Bishop, unless 
he think fit to restore him from the insufficiency of the cause assigned 
by the Minister, to institute an inquiry, as may be directed by the 
Canons of the Diocese in which the event has taken place. And 
should no such Canon exist, the Bishop shall proceed according to 
such principles of law and equity as will insure an impartial decision. 
And the notice, given as above by the Minister, shall be a sufficient 
presentation of the party repelled. 

[3.] In case of great heinousness of offence on the part of members 
of this Church, they may be proceeded against to the depriving them 
of all privileges of Church membership, according to such rules or 
process as may be provided by the General Convention ; and until 
such rules or process shall be pr6vided, by such as may be provided 
by the different Diocesan Conventions. 



CANON 13. TITLE II. 

Of Marriage and Divorce. 

§ i. If any persons be joined together otherwise than as God's 
Word doth allow, their marriage is not lawful. 

§ ii. No Minister, knowingly after due inquiry, shall solemnize the 
marriage of any person who has a divorced husband or wife still living, 
if such husband or wife has been put away for any cause arising after 
marriage ; but this Canon shall not be held to apply to the innocent 
party in a divorce for the cause of adultery, or to parties once divorced 
seeking to be united again. 

§ iii. If any Minister of this Church shall have reasonable cause to 
doubt whether a person desirous of being admitted to Holy Baptism, 
or to Confirmation, or to the Holy Communion, has been married 
otherwise than as the Word of God and discipline of this Church allow, 



CANONS OF THE GENERAL CONVENTION. 



41 



such Minister, before receiving such person to these ordinances, shall 
refer the case to the Bishop for his godly judgment thereupon : 
Provided, however, that no Minister shall, in any case, refuse the Sac- 
raments to a penitent person in imminent danger of death. 

§ iv. Questions touching the facts of any case arising under Sec- 
tion ii. of this Canon shall be referred to the Bishop of the Diocese or 
Missionary Jurisdiction in which the same may occur ; or if there be 
no Bishop of such Diocese or Missionary Jurisdiction, then to some 
Bishop to be designated by the Standing Committee ; and the Bishop 
to whom such questions have been so referred shall thereupon make 
inquiry in such manner as he shall deem expedient, and shall deliver 
his judgment in the premises. 

§ v. This Canon, so far as it affixes penalties, does not apply to 
cases occurring before it takes effect, according to Title IV., Canon 4. 



ZKZeSOZLTTTZOILTS 

PASSED AT VARIOUS TIMES BY 

THE CONVENTION OK MARYLAND, 

AND OTHER KINDRED MATTERS. 

1. Thanks for Convention Sermons. 

Resolved, That the practice of presenting thanks to the clergy, for ser- 
mons preached at the opening of the Conventions of the Protestant Epis- 
copal Church of Maryland, be discontinued. — (1823, pp. 8 and 15.) 

2. Lay Delegates to be residents of the Parishes which they represent. 

Resolved, As the sense of this Convention, for the information and direc- 
tion of the Vestries of this Diocese in future, that the parishioner who may 
be appointed in any Parish as lay Delegate to this Convention, should 
always be a resident in the Parish from which he is sent. — {Ibid., p. 16.) 

3. The Episcopal Fund. 

Resolved, That this Convention doth hereby accept of the act of the 
General Assembly of Maryland, passed at its December session, in the 
year eighteen hundred and forty, chapter sixty-seven, entitled, "An Act to 
incorporate the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, for the purposes therein mentioned ;" and that a 
certificate of such acceptance be transmitted to the Secretary of State, in 
the form following : 

"At a Convention of the Protestant Episcopal Church in the Diocese of 
Maryland, begun and held at the City of Baltimore, on Wednesday, the 
26th day of May, in the year eighteen hundred and forty-one, being the 
next annual meeting of said Convention held after the passage of an act 
of the General Assembly of Maryland, passed at December session (in the 
year 1840, chapter 07, ) entitled, ' An Act to incorporate the Convention of 
the Protestant Episcopal Church of the Diocese of Maryland ;' a copy of 
said act was laid before the said Convention, and upon consideration 
thereof had, it was resolved, by said Convention, that the aforesaid act of 
the General Assembly of Maryland be, and the same is, hereby accepted, 
and that a certificate of the acceptance thereof be filed with the Secretary 
of State, according to the provisions of said act." 

" In witness whereof the said Convention have caused this act to be 
signed by William R. Whittingham, Bishop of said Diocese and ex officio 
President of said Convention, and sealed with the Episcopal seal of the 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 43 



said William R. Whittingham, which is for this purpose adopted by the 
said Convention, as its corporate seal, this 28th day of May, in the 
year 1841." 

Resolved, That, for the purpose of administering "the permanent fund 
for the support of the Episcopate in this Diocese," a Board of Trustees, 
to consist of the Bishop for the time being, and six lay members of this 
Church, shall be appointed : — and that, for the election of the said lay 
members and the administration of the said fund, the following rules be 
adopted : 

1st. This Convention shall, after the passage of these resolutions, pro- 
ceed to ballot for six lay trustees, and the persons having the highest 
number of votes shall be declared elected. 

2d. The # trustees, to be elected as aforesaid, shall be distributed by 
arrangement amongst the members, into three classes. The first class, 
consisting of the two having the highest number of votes, shall serve until 
the adjournment of the next annual meeting of this Convention. The 
second class, consisting of the two receiving the next highest number of 
votes, shall serve until the adjournment of the second annual meeting of 
the Convention hereafter ; and the third class shall serve until the adjourn- 
ment of the third annual meeting of the Convention hereafter; and, to 
continue the succession of the Board, the Convention, at its next and 
succeeding annual meetings, shall elect, by ballot, trustees in the stead of 
those whose term shall have expired. The persons, thus to be elected, 
shall serve until the adjournment of the third annual meeting of the Con- 
vention after their election. 

3rd. Any vacancy which may happen, by death, resignation, refusal to 
serve, or removal out of the Diocese, may be supplied by appointment, by 
the Board of Trustees, of a suitable person, who shall serve until the next 
annual meeting of the Convention thereafter, which shall electa trustee tc 
serve during the residue of the term of the person in whose stead he shah 
be elected. 

4th. The Board shall meet, on some day prior to the first day of July 
next, to be appointed by the Bishop, and at such times thereafter as the 
Board shall direct ; or, upon the requisition of the Bishop, or any two of 
the trustees. A meeting shall likewise be held, on the day next preceding 
the day appointed for the next and succeeding annual meetings of this 
Convention, and at the place at which the Convention shall hold its 
meeting. A majority of the Board shall be a quorum for the transaction of 
business. 

5th. The Board, at its first meeting, and from time to time thereafter, 
shall appoint one of its members to act as Treasurer, who shall continue in 
office until removed by the Board, or until the expiration of his term of 
service as trustee. The Treasurer shall have the custody of the securities 
and moneys belonging to the said fund, subject to such order as the Board 
may take, from time to time, in relation thereto. It shall, likewise, be his 
duty to keep an accurate account of his receipts and disbursements, which 
shall be laid before the Convention, at every meeting. 

6th. (See infra, Resolutions 14, 25, 68.) 



44 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



7th. The funds raised and to be raised shall be invested in stocks of the 
United States, State of Maryland or City of Baltimore, in ground rents, 
or first mortgages, or fee-simple real estate in the City of Baltimore, or 
Washington City, or in such registered first mortgage bonds as may be 
approved by the trustees, in their discretion. (As amended 1884, p. 20, and 
1891, p. 18.) 

8th. Every investment shall be made in the name of "The Convention 
of the Protestant Episcopal Church of the Diocese of Maryland;" and no 
investment, so made, shall be transferred or assigned, but by deed under 
seal of the Treasurer of the Board, and of the Bishop or .other two mem- 
bers of the Board. 

9th. The Board shall keep a journal of its proceedings, in which shall 
be entered the attendance of its members, and its acts and resolutions, in 
regard to the administration of said fund ; and on every question, moved 
and decided, the ayes and noes shall be taken and entered, if required 
by any member. This journal, with a summary report of the proceedings 
of the Board, and the book of accounts of the Treasurer, ,shall be laid 
before the Convention, at every annual meeting. 

10th. The foregoing rules may be altered, and any one or more of said 
Trustees may be removed, at any time, by a vote of a majority of all the 
members of the Convention. — (1841, pp. 55, 56, 57, 58, and 59.) 

4. Resolutions concerning Congregations and Parishes. 

1. That the independent congregations, in the country and smaller 
towns, organized under the law of 1802, organize, when practicable, under 
that of 1798, with metes and bounds. 

2. That Vestries make themselves acquainted with the bounds of 
their respective Parishes and cause them to be recorded in their Vestry 
books, if already they be not ; and whenever a new Minister shall be 
appointed by them, that they make him acquainted with such bounda- 
ries, that he may know the territorial extent of his cure and of his field of 
labor. 

3. That every Minister and Vestry are solemnly responsible for looking 
after the spiritual interests of the entire Parish, and providing for the same 
as far as they may. — (1853, p. 10.) 

5. Resolution respecting the Duty of Churchwardens. 

Resolved, That a committee of five be appointed by the Chair, to report 
to the next Convention, full and proper information as to the duties of 
Churchwardens. — (1855, p. 56.) 

Report on the Duties of Churchwardens. 

The committee appointed by the Diocesan Convention of Maryland of 
1855, to report to the next Convention full and proper information as to the 
duties of Churchwardens, (see Journal, p. 56,) respectfully report that the 
office of Churchwarden, or guardian of the Church, seems to be of English 
origin, and to have grown out of the constitution of the Church of England. 
Blackstone says that they are the guardians and keepers of the Church, 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 45 



and representatives of the body of the Parish. England is divided into 
Parishes, or territorial districts, for Ecclesiatical purposes, in each of which 
there is a Church edifice ; which is, in a certain sense, the property of the 
parishioners, or inhabitants of the Parish. This edifice is to be maintained, 
and the expense of public worship, except the support of the Clergy, 
provided for, by a rate or tax levied upon the property of the parishioners. 
This rate or tax is to be laid by the parishioners themselves, assembled in 
Vestry. The primary meaning of the phrase was, a meeting of the parish- 
ioners held in the vestry, or room in the Church in which the clerical vest- 
ments are kept, but the name Vestry is now applied to the meeting itself. 
Every person who is liable to pay Church rate is a member of the Vestry, 
which is consequently a large and cumbrous body, incapable of performing 
administrative functions. These are therefore devolved on the Church- 
wardens. The business of the Vestry, which meets only once or twice a 
^year, is confined to imposing the rate, electing Churchwardens, and 
examining their accounts. 

The duties of the Churchwardens, in England, are threefold : to take 
care of the property of the Parish, and administer its finances ; to act as a 
sort of Ecclesiastical police, in preserving order in the assemblies for 
public worship, and as a sort of Ecclesiastical grand jury, for the present- 
ment of Ecclesiastical offenders. In Maryland, the first of these three 
classes of duties seems to be transferred to the selected Vestry of eight 
persons, chosen by the parishioners ; who are here, what the Church- 
wardens are in England, the representatives of the parishioners. The 
Vestry act (1798, ch. 24, §9,) gives to these bodies the property in, and 
management of, the estates and goods of the Parish, and the whole scope 
of the act seems to imply that they are to have the control of the temporal 
affairs of the Parish. The Churchwardens are thus superseded in the 
principal part of their office. In fact, the Vestry act leaves them nothing 
to do with the property or finances of the Church ; except that, by the 29th 
section, the Vestries are prohibited from selling, aliening or transferring 
any of the property of the Church, without the consent of both the Church- 
wardens. 

With respect to that portion of the duties of English Churchwardens, 
which consists in acting as an Ecclesiastical police, in preserving order in 
the assemblages for public worship, it was fully recognized by the twelfth 
section of the act of 1798, ch. 24. Rut by 1802, ch. Ill, §11, so much of 
that act as confers on them the powers of civil officers of the peace, is 
repealed. They are still, the committee apprehend, charged by the 
Church with the duty of preserving order, and are the representatives of 
the Vestry and parishioners, for that purpose. They have at common law, 
as the agents of the proprietors of the building, the right to remove from it 
any person who may be misconducting himself ; using no more force than 
is absolutely necessary for that purpose. They have no right to demand 
the assistance of other persons, but may accept that which is offered. 

The duties of Churchwardens, as an Ecclesiastical grand jury, are much 
modified by the system of discipline which has been adopted in this 
Church. In this Diocese they seem, so far as clerical discipline is con- 
cerned, to be superseded by the Standing Committee, and, so far as 



46 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



relates to lay discipline, by the Minister. On this subject the committee 
would refer to the sixth and twenty-third Diocesan canons of 1847. It 
would seem, nevertheless, that there remained a residuum of the ancient 
obligation, by which the Churchwardens are the proper persons to report 
Ecclesiastical offences to the persons on whom those canons imposed the 
indictive duty, that is, the Bishop, the members of the Standing Committee, 
or if the offender be a layman, the Minister of the Parish. 

The details of the duties of English Churchwardens are regulated by 
several canons of the code of 1604, which have been well collected by a 
correspondent of the True Catholic, in the second volume of the new 
series. — p. 282. He has distributed them under seven heads. The duties 
mentioned under three of those heads, viz : The care of the church 
building, the supply of the necessaries of worship, and matters connected 
with accounts, are, your committee apprehend, transferred in Maryland to 
the Vestries. A sort of exception to this rule is made by the twenty-eighth 
Diocesan canon of 1847, which directs the Churchwardens, when required 
by the Rector, to provide the elements for the celebration of the Holy 
Communion. But this must be so understood, as to imply that the Vestry 
are to pay the expense. 

The other four heads relate to the care of worship and doctrine, and 
of order and morals ; to the presentment of offenders and the admin- 
istration of discipline and government. The details which those canons 
regulate are accommodated to the civil and Ecclesiastical laws of Eng- 
land, which are, in some instances, not in force in this country. In 
some instances the duties which are devolved upon Churchwardens by 
those canons have been transferred to the Vestries. The care of the 
pulpit, for the purpose of excluding unauthorized administrations, which is 
committed to the Churchwardens, by the fiftieth and fifty-second canons of 
the English code of 1604, is, by the American canons, transferred to the 
Vestry, as will be seen by reference to the thirty-sixth canon of the General 
Convention of 1832, and the ninth of that of 1853.1 

It seems to the Committee that, while the adaptation of these canons to 
the state of our own laws is in itself a desirable thing, it would be a work 
of such delicacy and difficulty as would perhaps render it inexpedient at 
present ; at any rate, it is beyond the scope of the duties committed to them 
by the last Convention. Until, however, that is done, the English canons 
would be an imperfect, and perhaps dangerous, guide for American 
Churchwardens. The committee, therefore, decline saying anything more 
upon this part of the subject. 

By the law or usage of most American Dioceses, the Churchwardens are 
members of the Vestries, and regarded as the principal members. In some 
Dioceses, the legal title of the corporation is " The Wardens and Vestry." 
Hence the Wardens are, in the canons of the General Convention, fre- 
quently named with the Vestry. In acting under such canons, it would 
be prudent for Vestries in Maryland, to associate the Churchwardens with 
themselves. The special duties imposed upon Churchwardens, by the 
written laws of the American Church, are very few. They are imposed, 
either by rubrics or canons. Those by the rubrics, are only six, imposed 

1 Digest, Title I., Canons 17 and 18, gvi. 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 47 



by as many rubrics. Of these, four impose ceremonial duties only. Three 
of them will be found in the office for the Institution of Ministers, and one 
in that for the Consecration of a Church or Chapel. In the office for the 
Churching of Women, there is a rubric, which associates the Church- 
wardens with the Minister, in disposing of the offering which the woman is 
required to make. A rubric in the Communion Office designates Deacons 
and Churchwardens, as the persons, with the alternative of other proper 
officers, to receive, during the Offertory, the alms and other devotions of 
the people. Canon 14, of 1853,2 makes it the duty of the Churchwardens to 
certify to the Bishop the election of a Rector of a Parish, and to unite 
with the Rector in certifying the election of an Assistant Minister. Canon 
26, of 1832,3 makes it the duty of Churchwardens, jointly with the Minister, 
to give information to the Bishop of the state of the congregation, under 
such heads as may have been committed to them one month before the 
Visitation or the meeting of the Diocesan Convention. This seems to be 
a recognition of the ancient duty of presenting offences which is directed 
by an English Canon to be exercised in a similar manner. In fact, at every 
visitation of the Bishop or Archdeacon, the Churchwardens are still 
called on for presentments, although they generally present that every- 
thing is as it should be. 

The committee have only to add that, by the usage of this Diocese, the 
Churchwardens, or either of them, may certify the election of a lay dele- 
gate to the Convention, although the Register is the more usual and 
appropriate officer. 

H. Stringfellow, Jr. 
J. W. French. 
Hugh Davey Evans. 
(1850, pp. 93 to 95.) John Snowden. 

2 Digest, Title I., Canon 18, £i. .'> Digest, Title 1., Canon 18, jiv., clause :J. 

0. Resolution respecting an Act of Incorporation. 

Resolved, That the Act of the General Assembly of Maryland, passed 
at January session, 185(5, ch. 17, entitled "An Act amendatory of the Act 
incorporating the Convention of the Protestant Episcopal Church in the 
Diocese of Maryland, passed at December session, 1840, ch. 07, authorizing 
the said Convention to take and hold subscriptions or contributions in 
money or otherwise," be, and the same is hereby accepted by this Con- 
vention, and the Secretary of this Convention is hereby authorized and 
directed to file, as early as practicable during the session of this Conven- 
tion, a proper official certificate of this acceptance with the Secretary of 
State.— (1850, p. 3.) 

7. Resolution respecting the Legal Capacity of Vestries. 

Resolved, That the President appoint a committee of three, learned in 
the law, to examine the legal question of the capacity of Vestries under 
the present practice in this State, and report at the next meeting of this 
Convention any action that they may deem necessary in the premises. — 
(1856,/. 15.) 



48 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



Report of the Committee on the Legal Capacity of Vestries. 

The committee appointed by the Convention of 1856, to examine the 
legal question of the capacity of Vestries under the present practice in this 
State, and report any action they may deem necessary in the premises, 
(see Journal of 1856, p. 15,) beg leave to present their report. 

The Vestries known to our Ecclesiastical system are of two kinds, 
Vestries of parishes, and Vestries of congregations. 

1. As to the first — Vestries of Parishes — they are of great antiquity in 
England, and are of two sorts, known as Vestries and Select Vestries, and 
derive their name from the place (vestiarium, a room for keeping the 
Minister's vestments) in which they usually met for the transaction of 
business. The Vestries proper, as distinguished from Select Vestries, 
consisted of the whole body of contributing Parishioners, and had power 
in some cases by custom to elect both Churchwardens, but ordinarily those 
officers were chosen under the Canons of 1603 by the joint consent of the 
Ministers and Parishioners, and in case of disagreement, one Warden was 
elected by each. The Vestry was not a corporation, but the Church- 
wardens were, and as such, entitled to purchase and hold the goods of the 
Church and bring actions for them, the freehold of the church and glebe 
being in the parson, who was also a corporation ecclesiastical. Besides 
the power of participating in the choice of Churchwardens, no Church 
rates could be levied without a majority of the Vestry present at a called 
meeting. 

The select Vestries were a certain number of persons, elected yearly to 
make rates and manage the Parish concerns for that year. This could 
only be done in England, where a custom to that effect, legally speaking, 
existed. The powers of the Select Vestries seem to have been the same 
with those of Vestries generally, the one body acting as a sort of deputy 
for the other, and having, no doubt, originated in the difficulty attendant 
on the transaction of business by large numbers of Parishioners assembled 
together. 

These Select Vestries furnished the model for our present system, which, 
in its main features, has now prevailed for upwards of a century and a 
half. 

On the 9th of June, A. D. 1692, at the first regular session of the Assem- 
bly, held after the Crown had seized into his own hands the«government of 
the Province of Maryland, an Act was passed entitled, "An Act for the 
Service of Almighty God, and the establishment of the Protestant 
Religion in this Province." By its 3d section, the county justices were 
directed, with the advice of the principal freeholders, to lay out each 
county into Parishes by metes and bounds, after which the freeholders in 
each Parish were to make choice of six Vestrymen, who were empowered 
to levy Church rates, administer gifts or bequests for pious uses, and main- 
tain suits in the premises as amply as any body corporate might do. 
This Act was repealed in 1696, but on the 25th March, 1702, in the first year 
of Queen Anne, another was passed with the title of "An Act for the 
establishment of Religious Worship in this Province according to the 
Church of England, and for the maintenance of Ministers." By this Act 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 49 



Select Vestries of six were established in every Parish, the incumbent 
added to their number, and the Vestries in conjunction with the Church- 
wardens required to pay the Parish charges and repairs of Churches and 
Church yards, and authorized to apply to the County Courts for assess- 
ments on the Parishioners for these purposes. This Provincial law, with 
some subsequent amendment, remained in force for upwards of seventy 
years, but finally made way for "An Act for the establishment of Select 
Vestries," passed by the State of Maryland in March, 1779., with a supple- 
ment enacted in November following, and this early State legislation was 
in its turn superseded by the "Act for the establishment of Vestries for 
each Parish in this State," passed at November session, 1798. 

To this last-mentioned Act resort must be had for the powers and 
capacities of Parochial Vestries. The enumeration of those powers and 
capacities would be but a mere transcript of the law, which is unnecessary 
as being within every one's reach. Had the extent or construction of any 
of them been submitted to the committee, they would have directed their 
attention to it, but in the absence of any specific inquiry they have not 
thought themselves warranted in volunteering their opinion upon any 
particular clause. 

2. Congregational Vestries, where not incorporated by Special Acts, (as 
in the cases of Christ and St. Peter's Churches, Baltimore,) derive their 
existence from the Act of 1802, chapter 111, entitled " An Act to incor- 
porate certain persons in every Christian Church or Congregation in this 
State," and its Supplements. By this Act (commonly called the Christian 
Congregation Act) the members of each separate congregation, organizing 
and acquiring a corporate existence under it, are empowered to adopt a 
plan of government settling the qualifications of the electoral body and the 
persons to be elected, and other things necessary for the continuance and 
management of the corporation generally. The word Vestry is not 
mentioned in the law, which only uses the word " Trustees " to designate 
the persons clothed with corporate powers. But all church congregations 
availing themselves of its provisions have always styled their Trustees 
Vestrymen, and for the most part have, it is believed, expressly conferred 
on these officers the powers possessed by Parochial Vestrymen. In the 
absence of any such declaration of their powers, it is the Committee's 
opinion that the use of the words " Vestrymen " and " Vestry " in a plan 
adopted by churchmen would be held to import ex vi termini that the 
persons so designated were to exercise the powers and functions ordinarily 
signified by those terms. For all practical purposes, therefore, the 
powers and capacities, both of Parochial and Congregational Vestries, 
may be assumed to be identical, except in the instances in which special 
legislation may have made a difference. The committee have no sug- 
gestions to offer in the way of amendment ; the powers of Vestries, having 
been given, can only be altered by law, and are therefore beyond the 
authority of this body. It might, indeed, recommend, though it could not 
legislate ; but the committee would deprecate any movement on the part of 
the Convention looking to a change in the Act of 1798. This Act, having 
been passed before the cession of the District of Columbia, is still in force 



50 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



in that part of the Diocese, but no modification of it at this day could 
operate there. Were any such to take place, it would introduce different 
systems in the portions of the Diocese lying within and without the terri- 
tory of Maryland, and could hardly fail to bring confusion and evil with it. 

E. F. Chambers. 
(1858, pp. 101, 102.) . J. Mason Campbell. 

8. Resolutions relative to the Collection and Preservation of Records. 

Resolved, That there be added to the permanent committees of the 
Convention a committee to be called The Committee on the Records of the 
Diocese, to consist of three members to be chosen by the Bishop, and the 
vacancies to be filled by him ; whose duty it shall be to collect, take charge 
of and preserve the records of the Diocese, and to superintend the printing 
and publishing of any that ma}- be directed to be printed and published ; 
and also 

Resolved, That the sum of two hundred dollars, out of the Convention 
fund, be appropriated, to be expended by the committee in the execution 
of their duties.— (1860, p. 12.) 

9. Of a Board of Church Charities. 

Whereas, by Act of the General Assembly of Maryland, 1856, ch. IT, it 
is provided that the corporate powers and privileges of the Convention of 
the Protestant Episcopal Church in the Diocese of Maryland shall be 
extended to take and hold subscriptions or contributions in money or 
property which have been , or may be made to or in behalf of the various 
objects of charity connected with the Church in the several counties of the 
State, and in the City of Baltimore, now existing or which may hereafter 
exist, under the sanction of said Convention, and to appoint in its discretion 
Executive Committees or other Trustees for administering the respective 
funds so arising as aforesaid in such manner and form as the Convention 
may, from time to time, prescribe ; and whereas this Convention did, at its 
annual session in the year 1856, accept the powers granted by the said Act : 
and whereas it is necessary to make some provision for executing the 
same — 

Resolved, That, for the purpose of administering such subscriptions or 
contributions in money or property as have been or may be made in behalf 
of church charities, in conformity with the Act aforesaid, there shall be a 
Board of Trustees, to be called " The Trustees of Church Charities," who 
shall receive, control, and invest all such contributions, donations, or be- 
quests of money or property as may be placed in their hands : Provided 
always, That in such administration the respective funds shall be kept 
separate and distinct, and that each fund shall be held liable only for obli- 
gations that may have been incurred in its own proper behalf. 

Resolved, That this Board shall consist of the Bishop for the time being, 
who shall be ex officio President, and six Lay members of the Church ; and 
for the election of said Lay Trustees and the administration of the said 
fund, the following rules be adopted : 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 51 



1st. This Convention shall, after the passage of these resolutions, pro- 
ceed to ballot for six Lay Trustees, and the persons having the highest 
number of votes shall be declared elected. 

2d. The Trustees to be elected as aforesaid shall be distributed by 
arrangement amongst the members into three classes : the first class, con- 
sisting of the two having the largest number of votes, shall serve until the 
adjournment of the next Annual Convention after their appointment ; the 
second class, consisting of the two receiving the next highest number of 
votes, shall serve until the adjournment of the second Annual Meeting of 
the Convention hereafter ; and the third class shall serve until the adjourn- 
ment of the third Annual Meeting of the Convention hereafter ; each lot of 
these Trustees to hold their respective offices until their successors are 
appointed ; and to continue the succession of the Board, the Convention, at 
its next and succeeding Annual Meetings, shall elect, by ballot, Trustees in 
the stead of those whose terms are about to expire. The persons thus 
elected shall serve until the adjournment of the third Annual Meeting of the 
Convention after their election. 

3d. Any vacancy which may happen by death, resignation, refusal to 
serve, or removal out of the Diocese may be filled by the Board of Trustees, 
who shall appoint a suitable person, which person shall serve until the next 
Annual Meeting of the Convention, which shall appoint a Trustee to fill the 
vacancy for the residue of the term of the person in whose place he shall be 
elected. 

4th. The Board shall meet on some day prior to the first day of July next, 
to be appointed by the Bishop or by trie Board, and at such time thereafter 
as the Board may direct, or upon the requisition of the Bishop or any two 
of the Trustees in writing. A meeting shall likewise be held on any day 
in the week next preceding the day appointed for the Annual Meeting of 
the Convention and at such place as the Bishop may name, when he calls 
them together. A majority of the Board shall be a quorum for the trans- 
action of business. — (As amended, 1873,/. 50.) 

5th. The Board, at its first meeting, and from time to time thereafter, shall 
appoint a Treasurer, who shall continue in office for one year, or until his 
successor is appointed. The Treasurer shall have the custody of the 
money, property, or securities belonging to the said Board, subject to such 
order as the Trustees may make from time to time 'in relation thereto. It 
shall, likewise, be the duty of the Treasurer to keep an account of his 
receipts and disbursements, which shall be laid before the Convention at 
every meeting. 

6th. The money raised, and to be raised, shall be invested in registered 
securities, ground rents, or mortgages, in the discretion of the Board. — 
(As amended, 1876, p. 42.) 

7th. Every investment shall be made in the name of " The Convention 
of the Protestant Episcopal Church of the Diocese of Maryland," and no 
investment so made shall be transferred or assigned, but by deed of the 
President of the Board, under seal of the Treasurer of the Board, and 
signed by the Bishop, or two other members of the Board. 

8th. The Board shall keep a journal of its proceedings in which shall 
be entered the attendance of its members and its acts and resolutions in 



52 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



regard to the administration of said funds, and on every question moved 
and decided, the ayes and noes shall be taken and entered on the journal 
of proceedings, if required by any member of the Board. 

This journal, with a summary report of the proceedings of the Board, 
and the book of accounts of the Treasurer, shall be laid before the Con- 
vention at each annual meeting. 

9th. The foregoing rules may be altered, and any one or more of the 
said Trustees may be removed at any time by a vote of a majority of all 
the members of the Convention. — (1866, p. 18.) 

10. Of Consent to Division of Diocese. 

Resolved, That the consent of this Convention is hereby given to the 
erection of a new See, to consist of the Eastern Shore of the present 
Diocese of Maryland. — (1867, p. 11. See infra No. 60, Consent to Second 
Division.) 

11. Of the Salary of the Assistant Bishop. 

Resolved, That the sum of four thousand dollars per annum, payable 
quarterly, be the stipend of the Assistant Bishop. 

Resolved, That a Standing Committee of Ways and Means of three Lay- 
men be appointed by the chair, to whom shall be referred the mode of 
raising said stipend, as well as all questions of appropriation of money by 
the Convention. 

Resolved, That the said .Committee is hereby empowered to raise, by 
such modes of assessment as shall appear to it most just, upon the several 
Parishes and Congregations of the Diocese the sums of money needed, and 
the assessments so levied shall be placed in charge of the Treasurer of the 
Convention, to be collected and distributed to the several purposes for which 
appropriations are made. (1870, pp. 27 and 28.) 

12. The Stinnecke Maryland Episcopal Library. 

(Report of Trustees of the Episcopal Fund. Journal, 1871,/. 121.) 

The Trustees further report, that in March last, they received a communi- 
cation from Bishop YVhittingham, to the effect that he desired to apply a 
legacy which he had received, in erecting upon the lot forming part of the 
Episcopal residence, a building, of which he also submitted a plan, to be 
used forever as a Library by the Bishop of the Diocese and his successors ; 
and that he also meant to give and convey to the Convention, to be held 
and administered as part of the Episcopal Fund, his very valuable Library, 
consisting of about 10,000 volumes, many of which are extremely rare. The 
Bishop thus stated his desires and intentions, for the purpose, of ascertaining 
from the trustees whether they would allow such improvement and accept 
the Library, upon the understanding and agreement that, as far as possible, 
by the action of the Trustees and the ratification of the Convention, the 
Building and Library shall be secured forever, for the use of the Bishop of 
Maryland and his successors. 



RESOL UTIONS, E TC. , OF CON VENT ION OF MAR YLAND. 53 



To the proposal of the Bishop the Trustees gave their unanimous con- 
sent, and they at the same time passed Resolutions thanking him for his 
noble benefaction, and pledging themselves to carry out his wishes as far 
as possible. 

The Trustees now specially report the same to the Convention for its 
approval, and for such further action as the generous conduct of the Bishop 
calls for. 

[Signed,'] W. J. Albert. 

F. W. Brune. 
Bernard Carter. 
Laurence Thomsen. 

Mr. F. W. Brune read the report of the Trustees of the Episcopal Fund, 
and offered the following Resolution : 

Resolved, That the Convention, having heard the report of the Trustees 
of the Episcopal Fund accept and approve of the same, and consent that 
the Bishop may carry out his generous intention of erecting a building for 
a Library on the lot of ground adjoining the Episcopal residence, and like- 
wise gratefully accept his proposed donation of his valuable Library, and 
also authorize the Trustees of the Episcopal Fund and of the Church Chari- 
ties to enter into such agreements and stipulations as may be deemed proper 
to secure the use of such building and its Library to the Bishop of Mary- 
land and his successors forever, in accordance with the wishes of the 
Bishop on the subject. And further that the Trustees of the Episcopal 
Fund and of Church Charities be authorized to insure the Library of the 
Bishop when given to them, and for any sum needed to pay for the insur- 
ance they be authorized to draw on the Treasurer of the Convention. 

The Resolution was unanimously adopted. — (1871, p. 16.) 

Mr. Chas. H. Wyatt presented a statement from the Executors of the 
late Bishop Whittingham, which was read and referred, on motion, to the 
Committee on the Episcopal Library. 

To the Convention of the Diocese of Maryland : 

We respectfully submit herewith a copy of certain clauses in the Will of 
the Rt. Rev. William R. Whittingham, late Bishop of the Diocese, in which 
bequests are made to the Convention and to certain of its Committees, and 
request the Convention to take the necessary action for the reception of the 
property, and the delivery to the Executors of proper acquittances. 

The bequest of his valuable Library, which by one of the clauses in his 
Will, Bishop Whittingham has made to the Convention, is confirmatory 
of the gift, which, through the Trustees of the Episcopal Fund, was 
announced to the Convention in 1871 (see pages 16 and 121 of the Journal) 
and embraces a large number of volumes added by him since that date, 
coupled with a reservation to his sons of the right to take from the Library 
such books as they may have special reasons for selecting. 

Baltimore, May 26, 1880. 



54 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



Extract from the Will of the late Right Reverend William R. Whit- 
tingham, dated September 22d, 1879. 

Item. I bequeath the large Cabinet at the north end of the corridor on 
the second story of the Episcopal Residence (after my sons shall have 
taken therefrom what they shall believe to be strictly private papers,) with 
all its contents, to the Stinnecke Maryland Episcopal Library, for.the use of 
the Bishops who may at any time be resident in the Episcopal Residence in 
Baltimore. 

Item. I bequeath the southernmost large Cabinet, in the corridor of the 
second story of the Episcopal Residence, to the Trustees of the Episcopal 
Eund, to remain in the Residence as part of the furniture thereof; pro- 
vided that my sons shall first have taken therefrom such portion of its 
contents as they may deem fit to choose. 

Item. I leave and bequeath to the Committee on the Records of the 
Diocese all my filed and stored away correspondence, together with the 
papers of former Bishops of the Diocese, gathered in a leathern valise in 
the third story of the Library ; provided, that my sons shall have power to 
choose out of my own old correspondence any letters, which they may care 
to take, as concerning family matters. 

Item. I give and bequeath to the Convention of the Diocese of Mary- 
land all the books now in the Library of the Residence, reserving to my 
sons the right of removing and taking therefrom such as they shall have 
special reasons for selecting for exception ; and I hereby respectfully desire 
the Convention of Maryland to create a special trust for the holding and 
care of the books, now so bequeathed by the name of the Stinnecke Mary- 
land Episcopal Library — thus providing for the due preservation and control 
of the Library, and for the perpetuation of the memory of the deceased 
churchman, with the proceeds of whose bequest the Library building was 
added, at a cost of more than eight thousand dollars, to the residence. 

Extract from Codicil, dated September 24//?, 1879. 

Among my private papers, I give and bequeath to the Stinnecke Mary- 
land Episcopal Library all and every book of the nature of a "common 
place " book : I believe the following to be the chief; a large folio volume 
standing with, or near the catalogue of the Library. A thin folio in the 
south room of the third story of the Library. Four pretty large quarto 
volumes. About twenty (or twenty-five) blue muslin twenty-fours, in the 
Library desk. " Index Psalmorum," in the Library desk, and several mis- 
cellaneous quarto and smaller volumes, in the Library desk. — (1880, pp. 42, 
43, 44.) 

Resolutions on the Episcopal Library. 

1. Resolved, That the Bishop of the Diocese, ex officio, together with 
three Clergymen and four Laymen, to be chosen by the Convention, on the 
nomination of the Bishop (who may increase the number, in his discretion), 
at each annual session, be a Committee to be known as the "Stinnecke 
Maryland Episcopal Library Committee," who shall have power to receive, 



RESOL UTIONS, E TC, OF CONVENTION OF MAR YLAND. 55 



on behalf of the Convention, from the Executors of the late Bishop Whit- 
tingham the books in the Library of the Episcopal Residence, which were 
bequeathed to the Convention by the late Bishop, and any other property 
in the Episcopal Residence bequeathed by the late Bishop to be used in 
connection with the said Episcopal Library, and to execute to the Execu- 
tors of the late Bishop the necessary acquittances therefor ; and to have 
the custody and charge of the said Library and other property connected 
therewith, and to devise and adopt whatever measures may be necessary 
for promoting and extending its usefulness ; and to recommend to the Con- 
vention, from time to time, such further action in the premises as they 
may deem desirable, and for the purpose of securing additions to the said 
Library. 

2. Resolved, That the Committee, so to be appointed, be empowered to 
appoint a suitable person as Librarian, at a salary of five hundred dollars 
per annum, payable out of the Convention Fund. * * * * 

[Signed,'] George Leeds, Chairman. 
William Paret. 
William S. Southgate. 
Wm. G. Harrison. 
D. R. Magruder. 
(1880,/. 68.) H. M. Murray. 



13. Hannah More Academy. 

1st. Resolved, That this Convention accepts and receives the Hannah 
More Academy, as the Diocesan School for Girls. 

2d. Resolved, That the Rt. Rev. W. R. Whittingham, D. D., the Rt. 
Rev. William Pinkney, D. D., the Rev. A. J. Rich, M. D., Wash. C. Van 
Bibber, M. D., Thomas Van Bibber, Esq., the Hon. W. P. Maulsby, 
William S. Keech, Samuel G. Wyman, W. W. Corcoran, Esqrs., be, and 
they are hereby named, Trustees, to receive the property and franchises of 
the Hannah More Academy — when the same can be legally done — for the 
uses and purposes declared by the last will and testament of the late Mrs. 
Ann Neilson ; and to hold and manage the same, until the manner of 
perpetuating the succession of the Board of Trustees shall be otherwise, 
by law, appointed. 

3d. Resolved, That F. W. Brune, and E. Wyatt Blanchard, Esqrs., be, 
and they are hereby, elected a Committee on the part of this Convention, 
to obtain in concert with the Committee appointed by the Board of Trustees 
for that purpose, the legislation necessary to constitute, and in the manner 
best calculated to maintain, the Hannah More Academy, as a Diocesan 
School for Girls.— (1873, p. 40.) 

14. Salary of the Secretary of the Convention. 

That a salary of two hundred and fifty dollars per annum be paid out of 
the Episcopal and Convention Fund, to the Secretary of this Convention, 
for his services. — (1875, p. 64.) 



56 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



15. Of the Permanent Sustentation Fund. 

Resolved, That an offertory, at some time in each year, be requested 
from each Parish and Congregation for the benefit of the Permanent Sus- 
tentation Fund.— (1876, p. 49.) 

16. Missionary Services during each Session. 

Resolved, That the Committee of Missions be charged with the arrange- 
ments of the meeting of the Convention, to be held on the second [now 
first] evening of each Session, so as to provide for the manner in which 
the subject of Diocesan Missions shall be presented to the Convention, in 
the form of public addresses and even to the exclusion of other business. — 
(1876, p. 52.) 

17. Of Reports, Petitions^ Etc. 

Resolved, That no report, petition, or account be placed in the hands 
of any Committee, until the same shall have been presented to the Con- 
vention and duly referred. — (1878, p. 36. See infra Resolution 69.) 

18. Of the Payment of Episcopal Assessments. 

Resolved, That every Parish and Congregation shall hereafter pay their 
annual assessment required under Canon Y., in the following manner, 
that is to say : One-half of the amount on or before the first day of July, 
one-fourth on or before the first day of September, and one-fourth on or 
before the first day of November. — (1878, p. 52.) 

19. Of Diocesan Theological Educational Fund. 

Resolved, That this Convention recognizes the expediency and the 
propriety of placing funds at the disposal of the Bishop, from which he 
may be enabled to respond to the applications made to him for assistance 
to those who are carrying on their studies as candidates for Holy Orders. 

Resolved, That it is hereby recommended to the Rectors of Parishes and 
Congregations in the Diocese to bring this subject to the notice of their 
people, on one of the four Sundays appointed as the stated times of Ordi- 
nation, and to ask an offering in behalf of this object on one of the said 
Sundays in each year. 

Resolved, That the fund so proposed to be raised shall be known as " The 
Diocesan Theological Educational Fund," and shall be placed in the control 
of the Trustees of Church Charities, &c. 

Resolved, That a committee of three be appointed to bring this subject 
and the action of the Convention upon it to the attention of the Church in 
such way as may most conduce to its success. — (1878, pp. 41, 56.) 

20. Accepting Amendment to the Charter of the Convention. 

Resolved, That the amendatory Act of 1878, ch. 403, explaining and 
extending the corporate powers of this Convention, be and the same is 
approved and accepted by this Convention. 



RESOLUTIONS, ETC., OF CONVENTION OF 31 A R YLAND. 57 



Resolved, That an official certificate, duly attested, of this acceptance, 
shall be sent to the Secretary of State of Maryland, to be filed by him. — 
(1878, pp. 41, 114.) 

21. Temperance. 

Resolved, That this Convention expresses its sympathy with the work 
carried on in the Church of England, and among Churchmen in the United 
States, for the suppression of drunkenness and the promotion of the cause 
of Temperance.— (1881, p. 64.) 

22. Of the Committee 011 Donations. 

Resolved, That at each annual session of the Convention there be 
appointed by the Bishop, or other presiding officer, a committee of five 
Laymen, to be called "The Committee on Donations," who shall serve 
until the adjournment of the next Annual Convention, and to whom shall 
be referred the question of accepting or rejecting any gifts, by deed, will or 
otherwise, of land, personal property or money, which may be made to the 
Convention, and who shall be authorized to accept in the name of "The 
Convention of the Protestant Episcopal Church of the Diocese of Mary- 
land " and attend to the giving due receipt for any donation or bequest to 
that body, which shall be offered for acceptance, provided that in the 
judgment of the Committee, the purpose of the gift, and the conditions 
imposed thereon by the donor, be proper to be accepted by the Convention: 
in all other cases the Committee shall report the same to the next annual 
meeting of the Convention. And in cases where, from the purpose of the 
gift, and the conditions imposed thereon by the donor, the Board of 
Trustees of Church Charities, shall, in the judgment of the Committee 
be the appropriate body to receive and administer the same, the Com- 
mittee is hereby empowered so to direct. In all other cases the disposition 
of the gift shall be reserved for the action of the Convention. (1882, p. 61, 
as amended, 1883, pp. 13, 16, and 1895, p. 26.) 

23. Observance of Sunday. 

Whereas, The increasing irreverence and open contempt for the sanctity 
of the Lord's Day, commonly called Sunday, shown in multiplied encroach- 
ments upon it, by railroad and telegraph operations, Sunday excursions by 
land or water, publication, patronage and use of Sunday secular papers, 
are directly opposed to the divine design of the Lord's Day, the rights of 
employes to its benefits, attendance upon Church and Sunday School and 
the training of youth in the fear of God and regard to the fourth command- 
ment therefore, 

Resolved, That it solemnly devolves upon all connected with this Con- 
vention and the members of the Protestant Episcopal Church generally, in 
religious regard for the sacred institution, to avoid all unnecessary secular 
employment on the Lord's Day, and to discourage whatever tends to 
increase such employment. 

Resolved, That the members of this Convention exert their influence to 
induce managers and stock-holders of railroad companies to reduce rail- 



58 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



road operations on Sunday to the lowest possible "point of necessity," 
thus affording their employes the much needed privileges of the weekly rest 
day.— (1883, pp. 18, 14, 25.) 

24. Official Seal of the Diocese. 

" I would suggest whether it would not be advisable to appoint a Com- 
mittee to take into consideration the propriety of having an official seal for 
the Diocese, with power to adopt and execute one if in their judgment it is 
needful. I think it is a necessity, but I submit it to the wisdom of the Con- 
vention." — Bishop Pinkney's Convention address, 1882. (Journal,^. 93.) 

On motion a committee of three Clergymen and two Laymen was 
appointed to consider that portion of the Bishop's address relating to a 
seal for the Diocese, with power to devise and adopt a seal. — (1882, p. 37.) 

Resolved, That the corporate seal of this Convention as adopted by the 
Committee appointed at the last Convention, be in the keeping of the 
Secretary, and that its use on legal documents be attested by the signature 
of the Secretary, and that the Treasurer of the Convention, for the time 
being, be the authorized attorney to acknowledge such instruments as may 
require acknowledgment. — (1883, p. 27.) 

25. Salary of the Bishop. 

Resolved, That the salary of the Bishop of this Diocese be five thousand 
dollars per annum, besides the use of the Episcopal Residence. — (1884, p. 12.) 

26. Official Expenses of the Bishop. 

Resolved, That the Treasurer of the Convention be directed to pay the 
necessary official expenses of the Bishop of the Diocese. — (1885, p. 33.) 

27. Accumulating Episcopal Fund. 

Resolved, That the Trustees of the Episcopal Fund be instructed to hold 
and invest the money received for the accumulating Episcopal Fund, and to 
reinvest the interest received, until the sum shall with the present fund 
reach $100,000 — it being understood that should the Diocese be divided, 
each Parish and Congregation shall carry with its new relations the sum 
of its contributions and accumulations. — (1886, p. 21.) 

28. Maryland Church Building Fund. 

Resolved, That the Trustees of Church Charities he directed to invest 
sums now or that may be placed in their hands, for the benefit of the Mary- 
land Church Building Fund, together with the income therefrom, until the 
par value of said investments shall amount to five thousand dollars ; and 
that the income thereafter from the investments of said funds shall be held 
subject to the order of the Bishop, for the purposes of said fund. — (1886, p. 38.) 

29. Accumulating Episcopal Fund. 

1. Resolved, That the proper and permanent endowment of the Episco- 
pate of this Diocese requires the increase of the Episcopal Fund to $100,000. 



RESOL UTIONS, ETC., OF CONVENTION OF MAR YLAND. 59 



2. Resolved, That each Parish and separate Congregation in the Diocese 
be requested through its Rector or Minister to make an annual contribution 
to the accumulating Episcopal Fund of a sum equal to the one-hundredth 
part of all offerings, contributions and collections of any kind and for any 
purpose, after deducting the amounts paid for the salaries of Clergymen. 

3. Resolved, That the Secretary of the Accumulating Episcopal Fund 
send notices every year to all the Clergy of the Diocese in charge of Parishes 
or Congregations, one month before the meeting of the Convention, 
reminding them of this contribution, and requesting them to speak of it to 
the people.— (1889, pp. 8, 22.) 

30. Pastoral Aid. 

Resolved, That the Lay Delegates from the Parishes and Churches whose 
Rectors receive Pastoral Aid be requested to keep before their several 
Vestries the great importance of bringing up their Parishes to the fullest 
measure of their ability to support their rector. — (1889, p. 11.) 

31. Committee of Missions. 

Resolved, That the Committee of Missions be, and they are hereby recom- 
mended to hold sessions at such cities within the Diocese as they may 
select at such times as they may deem suitable ; that special service be held 
in such Churches as they may select, with the consent of the Rectors thereof, 
at which addresses may be made by the Clergy and such Laymen as may 
consent thereto on the subject of Diocesan Missions, and collections be 
made therefor.— (1889, p. 12.) 

32. Change of Church Name. 

Resolved, That this Convention most decidedly disapproves of any change 
in the name or title of this Church.— (1889, pp. 16, 17.) 

33. Custodian of the Records. 

Resolved, That the custodian of the records is authorized from time to 
time to exchange duplicate copies of the Journals of Convention of this 
and other Dioceses for other books of value to the Episcopal Library. 

Resolved, That the custodian of the records is authorized to destroy 
such old papers relating to Journals of Convention prior to the year 1880, 
as are of no permanent historical value. — (1889, p. 20.) 

34. Colored Population. 

1. Resolved, That this Convention urge the Clergy to provide regular 
services for our colored population, and where practicable gather them 
into Parish and Sunday Schools, and call upon the Laity to cordially co- 
operate with the Clergy in all such measures. 

2. Resolved, That we recommend that a collection be taken every year 
in each Congregation of the Diocese for this department of work, which 
shall be equally divided between the work in Maryland and the General 
Commission on colored work. 



60 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



3. Resolved, That the Clergy be requested to see that the Bishop's 
Penny be faithfully collected from the children in their several charges. — 
(1889, p. 25.) 

85. Episcopal Library Building. 

That the Trustees of the Library have the approval of this Convention 
in the effort to secure funds for the purchasing of such property as may be 
found needed and desirable for enlarging the Library Building. — (1890, p. 
6. See Resolution, 1897, pp. 32, 33.) 

36. Disabled and Superannuated Clergy Fund. 

1. Resolved, That the Clergymen in charge of Congregations be 
requested in connection with the collection directed to be made on Christ- 
mas Day or Thanksgiving Day, for the Disabled and Superannuated 
Clergy Fund, to preach a sermon, or make an address, or issue a circular, 
or adopt such other means as to them seem most advisable, explaining the 
object of the Fund, urging its importance, and inviting gifts to increase the 
invested fund, as well as offerings for present use. 

2. Resolved, That the Committee of Missions be authorized to retain 
and keep at interest any balance for the Superannuated and Disabled 
Clergy Fund until occasion may arise for its use. — 1890, pp. 9, 10. 

37. Chapel of the Good Shepherd, Howard County. 

Resolved, That a Committee to consist of the Clergyman in charge of 
the Chapel of the Good Shepherd, and two Laymen to be selected by the 
Bishop, be appointed to take charge of the church property belonging to 
the Convention and located near Jonestown, Howard County. — (1890, p. 12.) 

38. Secretary of the Convention. 

Resolved, That the Secretary of the Convention is hereby instructed to 
use the word " apportionment " in place of the word assessment in the 
present and future journals of Convention. — (1890, p. 15.) 

39. Committee of Missions. 

1. Resolved, That the Committee of Missions be excused from publish- 
ing in the Journals of Convention a list of the contributions expected from 
the Parishes and Congregations. 

2. Resolved, That the Clergymen in charge of the several Congregations 
be requested to make special efforts, severally and jointly, to stir up and 
cherish an enthusiasm for the mainienance and extension of the Church 
throughout the Diocese and to train their people to make larger offerings 
year by year. 

3. Resolved, That the Rectors receiving Pastoral Aid be requested to 
send in to the Committee full reports of their work on the first of January 
in each year and that the Missionaries be requested to send in reports on 
first of May and first of November. 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 01 



4. Resolved, That the question of apportionments, and of sending 
notice to the Rectors and Clergy in charge of congregations as to the needs 
of the Committee and the amount of the respective apportionments, be 
left to the discretion of the Committee. — (1801, pp. 7, 8.) 

40. Danish Emigrants. 

Whereas, It is reported that a considerable number of Danish Emigrants 
are soon to arrive in the United States, with the purpose of making their 
homes in the State of Maryland ; and Whereas, it is the duty of our 
Church in this Diocese not only to send the Gospel to foreign lands but 
also to preach to those who from foreign lands may come to dwell among 
us, therefore, 

Resolved, That the Committee of Missions be and they are hereby 
requested to take the subject of this emigration into consideration, and to 
take such steps as they may deem advisable under the circumstances. — 
(1801, pp. 8, 0.) 

41. Form of Parochial Reports. 

1. Resolved, That the Form of Parochial reports sent out by the Secretary 
of the Convention should be conformed as nearly as maybe to the require- 
ments of Canon 18, Title I., without addition of other matters not therein 
required. 

2. Resolved, That a Committee of three Clergymen and two Laymen 
be appointed to confer with the Bishop, and to prepare such a Form, and 
that such Form if approved by the Bishop, shall be regarded as authorized 
by this Convention, and shall be sent out before the next Annnal Conven- 
tion.— (1801, p. 16.) 

42. Church Home and Infirmary . 

1. Resolved, That this Convention earnestly commends the Church 
Home and Infirmary to the thoughtful and generous liberality of the mem- 
bers of the Church. 

2. Resolved, That the Secretary is authorized to give a page of the 
Journal to such statement of the work of the Church Home, as may bring 
it to the notice of the Clergy, and other members of the Church. — 
(1801, p. 18.) 

43. Report of Committee on Canons, under Resolution adopted 1800, p. 1G. 

1. Your Committee are of the opinion that the word "Churches" 
referred to in the first section of " Instructions " (in the Compilation,) in its 
exact scope would embrace all the Churches in the Parishes interested, 
and out of which the new Parish is to be formed. 

2. They are of the opinion that the forms and resolutions (in the Com- 
pilation,) have virtually received the authorization of the Conventibn in 
1872, and should in all cases be followed as methods of procedure. — 
(1891, p. 10.) 



02 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



44 . Wa r tie Id Col lege . 

The Committee on Donations have to report that since the last meeting 
of this Convention, the Court of Appeals of Maryland has confirmed the 
right of the Convention to the devises and bequests contained in the will 
of the late Miss Susannah Warfield, and in consequence it has become 
entitled to receive fifty acres of land, including the dwelling house and out- 
buildings of the Groveland Farm near Sykesville, Carroll County, Mary- 
land, together with the proceeds of the sale of the rest of the land amount- 
ing in all to 223 acres, and also the sum of about seven thousand dollars in 
cash, to which will be added hereafter upon the expiration of a life estate 
an additional sum of five thousand dollars. These devises and bequests 
are made to the Protestant Episcopal Convention in the Diocese of Mary- 
land, " to be held as a place for a Church School for boys, to be under the 
supervision and control of the said Corporation.'' The testatrix further 
provides "That should any of the male descendants of my brothers and 
sisters be without the means of education, it is my desire that they be 
educated at this school free of expense. It must be called THE WAR- 
FIELD COLLEGE, in memory of my brother, William Henry Warfield, 
who formerly owned the Groveland Farm." The Committee has accepted 
these devises and bequests. — (1892, p. 8, and see No. 53.) 

45. Enrollment and Transfer of Communi cants. 

Resolved, That the Church has made ample provision for the proper 
enrollment and transfer of Communicants, and that it is of imperative 
obligation that the Clergy should carefully enforce the existing Canons, 
both General and Diocesan relating to the subject. — (1892, p. 10, and see 
Section i., Canon 12, Title II., of the General Digest.) 

46. Colored Population. 

Resolved, That the Convention suggests to the Clergy that in all Parishes 
or Missions in which there is a colored population, efforts should be made 
to establish Mission Sunday Schools, and, where possible, Industrial Sewing 
Schools.— (1892, p. 10.) 

47. Records of the Diocese. 

Resolved, That hereafter the Records of the Diocese be deposited and 
preserved in a place to be designated by the Bishop. — (1892, p. 24.) 

48. Portrait of Bishop Whittingham. 

Whereas, The Rev. Dr. Brand has formally presented to the Diocese of 
Maryland, at the session of its Annual Convention, the portrait of the late 
honored and lamented Bishop Whittingham, as the gift of Mr. Blanchard 
Randall and other gentlemen ; therefore, 

1. Resolved, That the Convention accept this valued gift with their cor- 
dial thanks and the expression of their high appreciation of the filial and 
affectionate spirit which began and completed this rich contribution to the 
treasures of the Church in Maryland, and that they and the accomplished 



RESOLUTIONS, ETC., O F CONVENTION OF MAR VIAND . 63 



artist who has so faithfully executed his work, be assured that the memory 
of Bishop Whittingham is cherished as a precious heritage of this Diocese. 

2. Resolved, That the picture be committed to the care of the Com- 
mittee on the Library, for which the Diocese is indebted to the Bishop, who 
will ever be regarded as one of the most eminent prelates of the Church 
in America. 

3. Resolved, That a copy of these resolutions be sent to Rev. Dr. Brand, 
Mr. Blanchard Randall, and the artist, Mr. Huntington. 

49. Apportionment for Missions. 

Resolved, That the Convention recognizing the superior opportunity of 
the Missions Committee to judge of the comparative res.ources of the 
several parishes and congregations, urge upon all to pay in as early in the 
year as conveniently may be the apportionments assigned to them. — (1893, 
p. 16.) 

50. Portrait of Bishop Stone. 

The Rev. Dr. Hodges presented to the Convention a portrait of Bishop 
Stone, and, on motion of the Rev. Dr. Grammer, the thanks of the Con- 
vention were extended to Mrs. S. Sudler, the grand-daughter of the de- 
ceased Bishop, for the gift of the portrait, and to St. Paul's Guild for the 
renovation of the same. 

On motion of the Rev. Mr. Dame, the portrait was ordered to be placed 
in the same custody as that of Bishop Whittingham. — (1893, p. 19. See 
Resolution No. 48.) 

51. Qualification of voters at Elections for Vestrymen. 

1. Resolved, That in the opinion of this Convention it is not the inten- 
tion of the Vestry Act to require, as a qualification for the gift of suffrage 
at the election of Vestrymen, that every voter shall first apply to the Reg- 
ister to be enrolled, but that entry of the name of the voter on the books of 
the Parish, furnished by the Vestry, as a member of the Protestant Epis- 
copal Church, whether made by the' Rector or by the Register, shall be 
sufficient, if made at least one month before the election, provided the other 
requirements of the law, as to residence, age, and support of the Parish, be 
complied with. 

2. Resolved, That the Convention recommend that the Rectors of Par- 
ishes enter into an arrangement with the Registers of their respective Par- 
ishes, whereby the two shall unite in keeping the same set of Parish books, 
the Register recording in each of these his official declaration that they 
are kept with his approval, as required by the Vestry Act, the Rector 
pro tanto acting as the deputy or clerk of the Register. — (1893 p. 22.) 

52. Enrollment of Church Members, and Rights of Registers of 

Parishes. 

1. Resolved, That is entitled to his seat in this Convention as 

Lay Delegate from Parish, County, on the facts reported 

by the Special Committee. 



G4 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



Provided, however, that this Convention is not by this action to be under- 
stood as sanctioning or countenancing the assertion by any Vestry whether 
de facto or de jure of right or function — 

First — To control the Register of a Parish in respect to the exercise of 
his legal duty to enroll any person of the Protestant Episcopal Church who 
shall apply to him for the purpose at any time. 

Second — Or to require a new application each year for entry on the 
books of a Parish as a qualified voter therein. — (1893, pp. 23, 25.) 

53. Warfiehi College. 

Resolved, That this Convention appoint a Board of Trustees to consist 
of three Clergymen of the Order of Priests and three Laymen, communi- 
cants of the Church, who, with the Bishop, shall organize the Warfield 
College and control its affairs.— (1893, p. 2G.) 

54. Form of Calls to Rectorship. 

Resolved, That in order to avoid misunderstanding and conflict with 
regard to the relation between Rectors and Vestries, all calls to Rector- 
ship should be made with definite statement of the time or condition of 
termination, and the following form is recommended : 

" The Vestry of 

have elected and do invite the Rev 

to be rector of said Parish (or Congregation) at an annual salary of 



payable 

with the use of the Rectory and 

and with the agreement that said Rectorship shall continue until dissolved 
by mutual consent, or by the arbitration and decision of the Ecclesiastical 
authority of the Diocese.— (1883, pp. 30, 31.) 

55. Qualification of Vestrymen. 

Resolved, That it is against the law of the Church and of the State, 
that any but members of the Protestant Episcopal Church, made such 
either by Baptism, or by Confirmation, or by admission to the Holy Com- 
munion, should hold office as Vestrymen in the same ; and that such a 
practice may, upon occasion, involve a gross outrage upon the rights of the 
Clergy and upon the interests of the Church. — (1893, p. 32.) 

50. Convention Journals. 

Resolved, That the Secretary be instructed to mail one copy of the 
Journal to each Clergyman of the Diocese and one copy to each Lay Dele- 
gate who was in attendance ; and to such others as may request the same. — 
(1893, p. 34.) 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 05 



57. Report of Committee on Donations, accepting a Deed for the Church 
Property at Curtis Bay. 

The Committee has had tendered to it a deed from Theodore C. Gam- 
brail, Charles F. Taylor and Edwin Higgins to the Convention of the 
Protestant Episcopal Church of the Diocese of Maryland of all that lot of 
ground situate, lying and being in South Baltimore, Anne Arundel County, 
Maryland, described as follows, that is to say: Beginning for the same at 
the northeast corner of Church Street and Fairview Avenue and running 
thence east bounding on the north side of Church Street sixty feet, thence 
north one hundred feet parallel with Fairview Avenue to the south side of 
an alley, twenty feet wide, thence west and bounding on said alley, with 
the use thereof in common with others, sixty feet, and thence south bound- 
ing on the east side of Fairview Avenue one hundred feet to the place of 
beginning. This is the property upon which the Church at Curtis Bay has 
been erected. 

The Committee has accepted the grant of this property. — (1894, p. 7.) 
Resolved, That a Committee of two be appointed annually, who with the 
Bishop shall have charge of the Church property at Curtis Bay. — (1894, p. 16.) 

I 

58. Collections for Diocesan Missions and Pastoral Aid. 

Resolved, That, inasmuch as the obligations of the Committee are made 
for the year and are to be paid quarterly, the Resolutions appointing the 
Fourth Sunday after Easter for collections for Diocesan Missions and 
Pastoral Aid be rescinded, and that every Clergyman be urged to make 
his collections for this purpose — in whole if possible, if not, in part — before 
or during the Advent season.— (1894, pp. 12, 13.) 



59. Superanmtated and Disabled Clergy Fund. 

Resolved, That all funds coming into the hands of the Treasurer of the 
the Diocese from gifts or bequests to the Convention for the Superannuated 
and Disabled Clergy Fund shall be paid over by him to the Trustees of 
Church Charities, to be invested by them as the other funds held by them 
are invested.— (1894, p. 24.) 



CO. Consent to Second Division of the Diocese, 

Resolved, That the Convention of the Diocese of Maryland hereby rati- 
fies its action taken a year ago in reference to division and declares that it is 
expedient at this time to divide the Diocese of Maryland into two Dioceses, 
and that the consent of this Convention be and is hereby given to the 
erection within the limits of the Diocese of Maryland of a new Diocese to 
be formed by the territory comprised within the District of Columbia, and 
also the following Counties to wit: St. Mary's, Charles, Prince George's 
and Montgomery.— (1895, pp. 15, 16, 17.) 



5 



66 RESOL( T TIONS, ETC., OF CONVENTION OF MARYLAND. 



61. Nominations for Standing Committee, and Deputies to Genera t 

Convention . 

Resolved, That hereafter opportunity be given on the first day of the 
Convention for nominations to be made for Standing Committee and 
Deputies to General Convention, and that the Secretary be instructed to 
have alphabetical lists of these names printed and distributed at the hour 
of meeting on the second day. — (1895, p. 33.) 



62. Resolution in respect to the Poole Fund, for St. Mary's Church, 

Hampden, Baltimore . 

Resolved, That there shall be appointed, annually, as other committees are 
appointed, a Board of three trustees, to represent the Convention in the 
management of the property conveyed by the Vestry of St. Mary's Church, 
Hampden, Baltimore, Md., by deed dated June 29th, 1895, and recorded 
among the Land Records of Baltimore City, in Liber J. B., No. 1567, folio 
138, etc., to the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, and that the said trustees, of whom the Rector of 
said Parish for the time being shall be one, shall have the authority to sell, 
lease, or in any other manner dispose of the lands conveyed by said deed 
and to invest the proceeds therefrom, and to apply the same, or the income 
thereof, to the purposes set out in said deed, as fully as this Convention is 
empowered to do, and shall report annually to the Convention. — (1890, 
pp. 7, 8.) 

63. Report of gift of Library of Rev. Edwin A. Dalrymple to the 

Episcopal Library, and Resolutions thereon. 

Your Committee have the very great pleasure of announcing to the Con- 
vention, that the sister of a late well-known presbyter of this Diocese has 
expressed, in writing, her wish to convey to the Diocesan Library the books 
which formerly belonged to her brother. The collection is very valuable. 

In April Miss Dalrymple sent to the Rev. Dr. Hodges the following note: 

211 West Lanvale Street, 

Baltimore, April 20th, 1896. 

Rev. Dr. Hodges, 

Rev. and Dear Sir: 

The Rev. Mr. P. Wroth, has, at my request, sent me the 
names of the Committee on the Episcopal Library. I have taken the liberty 
of addressing you, being one of them, and you knew my brother. I am 
desirous of presenting the library of the late Rev. Dr. Dalrymple, to the 
Diocese of Maryland, as a Memorial of him. I do not know exactly how 
to proceed and should be glad to have some information on the subject. I 
am aware that your time is much occupied and you may not have the 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 07 



leisure. Will you be so kind as to ask some of the other gentlemen com- 
posing the Committee, if they will, at their convenience, appoint a time 
when I may have an interview with them, that I may be instructed what 
I am to do and all preliminaries settled. 

Hoping you will excuse me for troubling you, I am, 

Very truly yours, 

F. A. DALRYMPLE. 

This matter was reported by Dr. Hodges to this Committee, and a Sub- 
Committee, consisting of Messrs. Bartlett and Thompson, were appointed to 
consult with Miss Dalrymple as to her proposed terms of transfer. They 
have reported the following note from her : 

211 West Lanvale Street, 

Baltimore, May 23d, 1896. 
Mr. D. L. Bartlett and Mr. H. F. Thompson, 
Gentlemen : 

In our interview this morning I omitted saying, that I pre- 
sent the library to the Diocese of Maryland, to the Glory of God, and as a 
Memorial of my late brother, to be called "The Memorial Library of the 
Rev. Edwin A. Dalrymple, S. T. D., of the Diocese of Maryland." 
Please have this put in the deed of gift, and oblige, 

Very truly yours, 

F. A. DALRYMPLE. 

It is believed that the collection contains somewhere between 6000 and 
8000 volumes, and every one who knows our present confined quarters and 
the inconvenience resulting from want of room, will understand that such 
a gift makes it an immediate necessity that steps be taken to provide a 
place for this very valuable and desirable present. — (1896, pp. 18, 19.) 

1. Resolved, That this Convention accept the generous donation of 
the library of the late Dr. Dalrymple, upon the terms stated by Miss 
Dalrymple, in her letter to the Sub-Committee and upon the further con- 
dition that the collection be kept always distinct, and never be allowed to 
go out of the Diocese. 

2. Resolved, That the Secretary of this Convention be instructed to 
convey to Miss Dalrymple the appreciation of this Convention of her most 
generous and valuable gift. 

3. Resolved, That this report and accompanying papers, except list of 
books, be printed in the Journal of the Convention. 

4. Resolved, That fifty dollars be appropriated to the expenses of the 
library. 

5. Resolved, That the Committee on the Episcopal Library be and are 
hereby instructed and empowered to receive the Dalrymple Library, 
and to make such temporary provision for its care as may be necessary, 
provided that they do not expend over $300, for which they may draw upon 
the Treasurer of the Diocese.— (1896, pp. 18, 19, 20.) 



68 RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 



64. Non-acceptance of the Act of Assembly of 1892, chapter 702, amending 

the Vestry Act. 

Resolved, That this Convention declines to accept the provisions of the 
Act of Assembly of 1892, ch. 702, amending the Vestry Act.— (1897, p. 12.) 

65. Extract from Report of Gift of Mr. and Mrs. J. LeRoy White, and 

Resolutions thereon. 

Mr. and Mrs. J. LeRoy White, by deed recorded among the land records 
of Baltimore City, in Liber R. O. 1078, folio 145, granted and conveyed to 
this Convention two lots of ground, with the improvements thereon, on 
High Street, in the City of Baltimore, adjoining St. Andrew's Church. The 
grant is to the. Convention of the Protestant Episcopal Church of the Dio- 
cese of Maryland, its successors and assigns, in fee. The deed contains no 
limitations or restrictions. It has been accepted by the Committee. It 
will be proper for the Convention to take some action as to the disposition 
to be made of this property.— (1897, pp. 20, 21.) 

On motion of Mr. YVilmer, the following Resolution was adopted : 

Resolved : That the real estate and improvements conveyed to this Con- 
vention by Mr. J. LeRoy White and wife be placed in the charge of the 
Bishop of this Diocese to make such use of said property as he may deem 
for the good of the Church of this Diocese, until some further action is 
taken by the Convention.— (1897, pp, 21, 22.) 

66. Diocesan Missionary Aid, and Ministering to the Sick in Hospitals 

and other Institutions, and to Rrisoners. 

Resolved; That while the best interests of the Church in this Diocese de- 
mand a generous consideration of its Mission Stations and of its financially 
weak Parishes, yet the aim should always be kept in view of making them 
self-sustaining, and that to this end, the policy of making a gradual reduc- 
tion of at least five per cent, each year in the amount of missionary or 
parochial aid to each such Parish or Mission Station should be pursued 
wherever it can be done with a due regard to the interests involved. 

Resolved : That inasmuch as Diocesan Missionary aid is appropriated 
with reference to promoting the growth and extension of the Church 
throughout the whole Diocese, there is no hardship in requiring that every 
rector, or minister in charge, receiving Missionary aid, should place his 
services for at least five Sundays in each year at the disposal of the Bishop, 
except in those cases where such rector or minister has already more than 
one station under his charge. 

Resolved : That whereas it would seem very desirable to bring the 
Archdiaconal organizations into more active co-operation with the mission 
ary work of the Diocese, the suggestion which has been made of referring 
to them for advice, with regard to apportionments and appropriations in 
their several districts is heartily commended. 



RESOLUTIONS, ETC., OF CONVENTION OF MARYLAND. 69 



Resolved: That the duty of ministering to the sick in hospitals, and to 
those confined in prisons, and to all other inmates of public institutions, 
seems to fall legitimately within the province of the parochial clergy within 
whose parishes or in whose immediate vicinage the same are located, and 
such ministration is therefore warmly commended to them as justly entitled 
to a fair portion of their pastoral care. — (1897, pp. 26, 27.) 

07. Provision for preserving Evidence of Admission of New Parishes 
and Separate Congregations. 

Resolved, That when a New Parish is admitted into union with the Con- 
vention, the Secretary of the Convention shall file with the keeper of the 
Records of the Diocese a copy of the Act admitting such Parish, together 
with the map submitted with the petition for leave to organize as a New 
Parish ; and when a Separate Congregation is admitted into union with the 
Convention, the Secretary shall file with the keeper of the Records a 
certified copy of the Certificate of Incorporation of said congregation. — 
(1897, pp. 31, 39.) 

68. Support of the Episcopate. 

Resolved, That the Treasurer of the Episcopal Fund be, and he is 
hereby directed to pay quarterly to the Treasurer of the Convention, the 
net income of the productive investments ot the Episcopal Fund, the sum 
so paid to be applied to the support of the Episcopate. — (1897, pp. 33, 34.) 



69. Committee on Auditing Accounts. 

That a Committee of three Laymen be appointed annually, by the 
Bishop, to whom shall be referred for audit, at least two weeks before the 
meeting of the Convention, all the accounts, books and investments of all 
officers and committees of the Convention, having in their care monies or 
properties of the Convention. — (1897, p. 42.) 



70 RESOLUTION'S OF THE GEXERAL CONVENTION. 



RESOLUTIONS OF THE GEXERAL CONVENTION. 

1. Ratifying Division of the Diocese of Maryland. 

Whereas, a petition has been presented to the House of Clerical and Lay 
Deputies from the Clergy and Parishes of the Eastern Shore of Maryland, 
praying that all that portion of the State of Maryland known and desig- 
nated as the Eastern Shore of Maryland, being all that part of the said State 
lying east of Chesapeake bay and the Susquehanna river, embracing the 
counties of Cecil, Kent, Queen Anne, Caroline, Talbot, Dorchester, 
Wicomico, Somerset and Worcester, the territory so embraced being part 
of the Diocese of Maryland and of no other Diocese, be separated from the 
Diocese of Maryland and be formed into a new Diocese ; and whereas it 
appears by official documents laid before this House (Clerical and Lay 
Deputies,) that both the Bishop and the Convention of the Diocese of 
Maryland have consented to such separation and formation of a new Dio- 
cese, and that all the requirements of the 5th article of the Constitution 
and Canons are fulfilled, 

Therefore be it resolved, That this Convention does hereby ratify the 
above mentioned division of the Diocese of Maryland into two Dioceses, 
by the formation within its limits of the new Diocese above described, such 
division to take effect on the calling of a convention for the purpose by the 
Bishop or ecclesiastical authority of the Diocese, and that this General 
Convention does hereby recognize the union with the General Convention 
of the new Diocese above described, to take effect at the time above-men- 
tioned, the name of the said new Diocese to be determined by its conven- 
tion, with the concurrence of the Bishop* and the Standing Committee of 
the Diocese of Maryland.— (1868, p. 189.) 

2. Ratifying Erection of the Diocese of Washington. 

The Committee on the Admission of New Dioceses, to whom was 
referred the Memorial of the Diocese of Maryland, praying for a division 
of that Diocese, so that the new Diocese shall consist of the District of 
Columbia and the counties of Prince George's, Montgomery, St. Mary's 
and Charles, respectfully report that all the Constitutional requirements 
have been complied with and recommend that the House of Deputies 
adopt the following resolution : 

Resolved, The House of Bishops concurring, that consent be given to 
the erection of a new Diocese with the territory above stated, within the 
limits of the existing Diocese of Maryland. — (Adopted by the House of 
Deputies, 1895, Journal, p. 205. Concurred in by the House of Bishops, 
1895, Journal, pp. 33, 226.) 



FORMS AND INSTRUCTIONS 



FOR THE FORMATION OF NEW PARISHES AND CONGREGATIONS IN THE 
DIOCESE OF MARYLAND, AND FOR THEIR ADMISSION 
INTO UNION WITH THE CONVENTION. 



INSTRUCTIONS. 
For the formation of New Parishes. 

Persons desiring' to form a new Parish, out of parts of one, or more, exist- 
ing Parishes, shall proceed as follows : 

1st. They shall put up at the Church, or Churches and Chapels, within 
the Parish, or Parishes, out of which it is proposed to form the new Parish, 
at least three months before the meeting of the Convention to which appli- 
cation is intended to be made, a notice, that, at the said Convention, appli- 
cation will be made, for the creation of a new Parish, out of parts of said 
Parish or Parishes, which notice shall contain a description of the proposed 
metes and bounds of said new Parish. 

2d. If the Convention shall determine to grant the petition for leave to 
organize a new Parish, its action will be taken, by the passage of an act, in 
the form given hereafter as " Form No. II." But if the Convention have 
reason to doubt of the assent of a majority of qualified persons residing in 
the proposed Parish, to the erection of the same, it will take, in its discre- 
tion, proper order for ascertaining the sense of such majority; otherwise, 
the absence of dissent will be taken to imply the assent required by the Act 
of Assembly. 

f)d. If the Convention shall pass the act mentioned in the next preceding 
clause, the passage of the same shall be taken as a grant of the leave 
asked for in said petition, and as a creation of a new Parish, by the metes 
and bounds therein described. And thereafter, at some time and place, 
within the boundaries of such new Parish, a meeting, to be attended by at 
least nine persons, qualified to vote at elections of Vestrymen, shall be held, 
of which, and of the time and place, at least ten days' notice shall be given, 
by setting up a paper containing said notice, at the Churches and Chapels 
within said Parish or Parishes; at which meeting shall be elected, by a ma- 
jority of ballots, eight sober and discreet persons, as Vestrymen of the new 
Parish, to serve until the Easter Monday next following, in manner as pre- 
scribed by the Act of Assembly of 1798, ch. 24, and by the supplements 
thereto. A faithful record of the said meeting shall be made, and certified 
by at least five of the persons attending thereat, a form for which is here- 
after given as "Form No. III." 

4th. Whenever any new Parish shall have been created and organized 
according to the preceding provisions, and shall desire admission into union 
with the Convention, the said Parish shall cause to be filed with the Secre- 
tary of the Convention, at a session succeeding the organization of said 
Parish by the election of its first Vestry, as prescribed in the next preceding- 
clause of these instructions, the certificate mentioned in said clause, togeth- 
er with a document, signed by the eight Vestrymen, so elected as aforesaid, 
declaring their assent to the Constitution and Canons of the Protestant 



72 



FOR IMS AND INSTRUCTIONS. 



Episcopal Church in the Diocese of Maryland, and their adherence to the 
doctrines, discipline, and worship of the Protestant Episcopal Church in the 
United States of America, in the form given hereafter as " Form No. IV.," 
and also, a petition for admission into union with the Convention, which 
shall be in the form set forth hereafter as "Form No. V." 

5th. If the Convention shall determine to grant the prayer of the said 
petition, it will do so by the adoption of a resolution, in the form given as 
" Form No. VI." 

For the formation of New Congregations. 

Persons desiring to organize a new Congregation, within the bounds of 
any established Parish, shall proceed as follows : 

1st. They shall at least three months before the meeting of the Conven- 
tion, to which application is intended to be made, give notice, in writing, to 
the Rector, or, if there be no Rector, then to the Vestry or Churchwardens, 
of the Parish in which the new Congregation is intended to be formed, that 
application will be made to said Convention, for leave to organize a new 
Congregation, within the bounds of said Parish. 

2d. If the Convention shall determine to grant the petition for leave to 
organize a Separate Congregation, its action will be taken by the passage 
of a resolution, in the form hereafter given as "Form No. VIII." And 
thereupon, at such time and place as shall be agreed upon by the persons so 
having obtained leave to organize said Congregation, a meeting shall be 
held, of persons so desiring to form said new Congregation, to be attended 
by at least nine persons qualified to vote at elections of Vestrymen, at 
which shall be elected by a majority of ballots, eight sober and discreet 
persons as Trustees or Vestrymen of the said new Congregation, to serve 
until the Easter Monday next succeeding, in manner, as near as possible, 
as prescribed by the Act of 1798, ch. 24, and the supplements thereto, of 
which election, and of the plan of organization, a record and schedule, in 
the form given hereafter, as "Form No. IX," shall be made in writing, 
certified under the hands and seals of the Trustees or Vestrymen afore- 
said, and acknowledged by them, or a majority of them, before a justice of 
the peace of the county or city, in which said Congregation shall have, or 
propose to have, their place of worship ; and the same, after approval by 
a judge, shall, within six months thereafter, be filed for record, in the office 
of the clerk of said county or city, as the case may be. 

3d. Whenever any new Congregation shall have been organized, accord- 
ing to the preceding provisions, and shall desire admission into union with 
the Convention, the said Congregation shall cause to be filed with the 
Secretary of the Convention, the record and schedule mentioned in the 
next preceding clause, as " Form No. IX," or a duly certified copy thereof, 
together with a document, signed by the eight Vestrymen so elected as 
aforesaid, declaring their assent to the Constitution and Canons of the 
Protestant Episcopal Church in the Diocese of Maryland, and their adher- 
ence to the doctrines, discipline, and worship of the Protestant Episcopal 
Church in the United States of America ; which documents shall be in the 
form given as "Form No. IV," and also a petition for admission into union 
with said Convention in the form given hereafter as " Form No. X." 

4th. If the Convention shall determine to grant the prayer of said 
petition, it will do so in the form hereafter given as "Form No. XI." 



FORMS AND INSTRUCTIONS. 



73 



FORMS, REFERRED TO IN THE PRECEDING 
INSTRUCTIONS. 

Form No. I. 

Petition for leave to organize a new Parish. 

i 

To the Convention of the Protestant Episcopal Church 

of the Diocese of Maryland : 

The undersigned, members of said Church in Parish, [or Parishes,] 

county, [or city] respectfully ask leave, for themselves and others, 

to organize a new Parish, by the name and style of Parish, 

county, [or city] lying entirely within the Parish aforesaid, [or within the 

Parish aforesaid, and Parish or Parishes, as the case may be,] and 

contained within the following metes and bounds, viz : 
Beginning, etc., [here describe it.] 

And your petitioners will ever pray, etc. 

[Signed by at least five persons.] 

[Insert place and date.] 

Form No. II. 
Act creating a separate Parish. 

Whereas , a petition has been presented, for leave to create a new Parish, 

from portions of Parish, [or Parishes,] to be comprised within 

the metes and bounds hereinafter specified, and it appears desirable that the 
prayer of such petition should be granted, and it further appears that all 
requisite preliminaries have been complied with : therefore 

Be it enacted, by the Convention of the Protestant Episcopal Church of 
the Diocese of Maryland; That ,the territory contained within the metes 
and bounds described as follows, that is to say — 

Beginning, for the same at [herejgive metes and bounds, as in the peti- 
tion,] be, and the same is hereby, constituted a separate Parish, by the 
name and style of [here give name of new Parish, adding the name of the 
County or City in which it is situated,] entitled to all the privileges secured 
to other Parishes in the Diocese of Maryland by the Acts of the General 
Assembly of Maryland, and the Constitution and Canons of the Church in 
this Diocese. 

Form No. III. 

Record of Election of Vestrymen. 

Know all men by these presents ; that on this day of .eighteen 

hundred and , the members of Parish of the Protestant Episcopal 

Church, in the Diocese of Maryland, qualified to vote at elections for Ves- 
trymen thereof, have met at : — , nine persons so qualified to vote being 

present, for the purpose of electing Vestrymen of said Parish, to serve 
until the ensuing Easter Monday, in manner as prescribed by the Act of 
Assembly of Maryland of 1798, ch. 24. At which meeting the following- 
named persons were elected as such Vestrymen, to wit: 

(Here follow the names of the persons elected.) And furthermore — (here 
add any further proceedings, record of which may be desired.) 

And we, the undersigned, qualified as aforesaid, and present at such 
meeting do declare and certify that the foregoing record of proceedings is 
correct. {Signatures of five persons.'] 



74 



FOR IMS AND INSTRUCTIONS. 



Form No. IV. 
Declaration of Assent to Constitution and Canons. 

We, the undersigned, who were duly elected Vestrymen of 

[here give name of Church, including that of the County or City in which 

situated,] at a meeting held for that purpose, on the day of 18 — , 

do hereby, collectively and individually, declare our assent to the Constitu- 
tion and Canons of the Protestant Episcopal Church in the Diocese of Mary- 
land, and our adherence to the doctrines, discipline and worship of the 
said Church in the United States of America. 

Witness our hands this day of , 18 — . 



Form No. V. 

Petition by a new Parish for admission into Union with the Convention. 

To the Convention of the Protestant Episcopal Church 

of the Diocese of Maryland : 

A new Parish having been created, at the Annual Convention of this 

Church, held in the year 18 — , by the name of Parish, in 

County, (or City) and the organization of the same having been duly made, 
as will fully appear by the accompanying documents filed herewith, the un- 
dersigned, the Rector, (if one) and Vestry, of said Parish respectfully ask, 
that said Parish may be admitted into union with the said Convention, and 
that it may hereafter have such Clerial and Lay representation as it may 
be entitled to, under the Constitution of said Convention. 

[Signed by Rector, (if one) and at least four of the Vestry.] 



Form No. VI. 

Resolution admitting Parish into Union with Convention. 

Resolved, by the Convention of the Protestant Episcopal Church of the 

Diocese of Maryland, That Parish County, [or City] be, and 

the same is, hereby admitted into union with the Convention, and shall be 
entitled to all the rights secured to Parishes by the Constitution and 
Canons of the Protestant Episcopal Church in this Diocese, or by the Laws, 
applicable to Parishes, in force in Maryland. 



Form No. VII. 

Petition for leave to organize a new Congregation. 

To the Convention of the Protestant Episcopal Church 

of the Diocese of Maryland : 

The undersigned, members of said Church, in Parish, 

County, (or City,) respectfully ask leave for themselves and others to organ- 
ize a new Congregation, in the said Parish, by the name and style of 

Church, in the County (or City,) of 

And your petitioners, as in duty, &c. 

[Signed by at least rive persons.] 

[Insert place and date.] 



FORMS AND INSTRUCTIONS. 



75 



Form No. VIII. 

Resolution granting leave to organize Congregation. 

Whereas, a petition has been presented, by and others, for leave to 

organize a new Congregation, in Parish, County, (or City,) 

to be called {here give name) and it has been made to appear to this Con- 
vention, that the requisite preliminaries have been complied with, there- 
fore be it 

Resolved, By the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, that leave be, and the same is, granted for the organ- 
ization of said Congregation, as prayed for. 



Form No. IX. 

Instrument for Record, and to be afterwards filed with the Secretary of 

the Convention. 

Know all men by these presents ; that on the day of , eighteen 

hundred and, \Jiere give the names of nine persons including the eight 

to be elected Vestrymen} all being above the age of twenty-one years, mem- 
bers of a Congregation in the Church called the Protestant Episcopal 
Church, which said Church is known and acknowledged in this State, and 
protected in the free exercise of its religion, by the Constitution and Laws 
thereof, in pursuance of the provisions of the Article of the Code of Mary- 
land, entitled "Corporations," met at for the purpose of electing 

eight persons, who, with the Rector, or Minister, of the Congregation, for 
the time being, are to be constituted, under the said Article a body politic 
and corporate as Trustees or Vestrymen, in behalf of the said Congrega- 
tion ; and, by the name of the Vestry of , to have perpetual succes- 
sion, and all other corporate powers, given by the said Article, and then and 
there proceeded to elect the sober and dicreet persons hereinafter named 
as such Trustees or Vestrymen, and at the same time, being the first elect- 
ion, determined and fixed, as perscribed by said Article, on the following 
plan, agreement and regulation, as the Constitution of the said Congrega- 
tion and of the said corporation, or Vestry, viz : 

1st. This Congregation shall be called . 

2d. This Congregation, its Rector and Vestry, shall, at all times, adhere 
to the doctrine, worship and discipline of the Protestant Episcopal Church 
in the United States of America, as set forth in its creeds, articles and lit- 
urgy ; and shall be, at all times, subject to the spiritual jurisdiction and 
authority of the Bishop of said Church in the Diocese of Maryland, or in case 
of alteration hereafter in the name or limits of said Diocese, to the Bishop 
of the Diocese within which the house of worship for said Congregation 
may be, and shall, as early as practicable, apply for admission into union 
with the Convention of said Church in the Diocese of Maryland, and upon 
such admission, shall ohserve and be subject to the Constitution and 
Canons of the said Diocese. 

3d. The corporation or Vestry, of said Congregation, shall consist of 
the Minister for the time being, who shall be styled the Rector ; and of 
eight Laymen, qualified and chosen as hereinafter prescribed, who shall be 
called Vestrymen ; and the name of the Corporation shall be "The Vestry 

of ," of which the Rector shall be, at all meetings attended by 

him, the President, and, as such, shall have only a casting vote. 

4th. The first Vestrymen so as above elected, to wit, 

shall serve until the Easter Monday next ensuing the date of these 
presents ; and until removed, as is hereinafter provided for. And on the 
said Easter Monday, and on every Easter Monday thereafter, all persons 



70 



FORMS AND INSTRUCTIONS. 



above twenty-one years of age, qualified members of the said Congre- 
gation, by having been duly enrolled in the Registry books thereof, at 
least thirty days prior to the said day, and having contributed to the 
charges of said Congregation, since the last election, the sum of 
two dollars, or such other less sum, as the Vestry may annually, within 
ten days after the election, make known and declare, shall assemble at 
the house of worship of said Congregation, or such other place as the 
Vestry may, by public notice, have appointed ; and they, or such of them 
as shall assemble, shall, by a majority of ballots, put out four of the eight 
Vestrymen, whom they please ; and shall, immediately thereafter, elect, in 
like manner, four Vestrymen, from among the persons qualified as afore- 
said, including those whom they may have voted out, all, or any, of whom 
they may elect ; and such persons, so chosen, with the remaining Vestry 
and the Rector, shall be the Vestry, until the next election. And if, for 
any cause, any Easter Monday should be suffered to elapse, without such 
election, as aforesaid, an election may be held, on any day thereafter, 
as provided in the thirteenth section of the Act of Assembly, passed at 
November session, 1798, ch. 24, entitled an " Act for the Establishment of 
Vestries, etc.," and the supplements thereto. 

5th. The duties and powers of said Vestry, in respect to the property of 
the said Congregation, and alienation of the same ; to vacancies in their 
own body, occurring by refusal to serve, or otherwise ; to judging at and of 
elections ; to the appointment of the Rector and other ministers, of Church- 
wardens and Register ; and to all other matters properly belonging to a 
Vestry, shall be as prescribed by the various clauses of the last mentioned 
Act and its supplements, except as regards the oath of office of themselves, 
and those whom they may appoint, for which they may in their discretion, 
substitute a subscription in a book, to be kept for that purpose, of the 
proper parties, to a declaration of assent to this Constitution, and of 
adherence to the doctrines, discipline and worship of the Protestant Epis- 
copal Church in the United States of America. 

In testimony of all which, the undersigned, so elected as Vestrymen have 

hereunto affixed our hands and seals, this day of , A. D. 188 — . 

[Seal.] [Seal.] 
Seal.] • [Seal.] 
= Seal.] [Seal.] 
;SeaL] [Seal.] 

Maryland, set. 

It is hereby certified that on this day of , 18 — , before me, the 

subscriber, a Justice of the Peacel of said State, in and for county 

[or Baltimore City] personally appeared , who are known 

to me of my own knowledge, [or by sufficient proof,] to be the identical per- 
sons mentioned and intended, in the foregoing instrument, as Trustees or 
Vestrymen ; by whom I have been well assured that the proceedings des- 
cribed therein were duly and legally conducted ; and who did afterwards 
acknowledge the said instrument of writing to be the plan, agreement and 
regulation for the government of the Congregation therein mentioned. 

— J. P. 

1 Judge of the \_give title of Court] do hereby certify that the 

foregoing certificate of incorporation has been submitted to me for my ex- 
amination, and I do further certify that the said certificate is in conformity 
with the provisions of the law authorizing the formation of the said Corpo- 
ration. . 

1. Until 1892, c. 664, two Justices were required. 



FORMS AND'INSTRUCTIONS. 



77 



Form No. X. 

Petition by a new Congregation, for admission into Union. 

To the Convention of the Protestant Episcopal Church 

of the Diocese of Maryland: 
Leave having been granted, on a petition to the last Annual Convention, 

for the organization of a new Congregation, by the name and style of 

Church, County, [or city,] and the organization of the same having 

been duly made, as will fully appear by the documents herewith filed, the 
undersigned, the Rector and Vestry of said Congregation, respectfully ask, 
that the said Congregation may be admitted into union with the Convention 
of this Diocese, and that it may hereafter have such Clerical and Lay 
Representation, as it may be entitled to, under the Constitution of the 
Convention. 

[Signed by the Rector (if there be one,) and at least four of the Vestry.] 
[Insert date and place.] 



Form No. XI. 

Resolution admitting New Congregation Into Union. 

Resolved, by the Convention of the Protestant Episcopal Church of the 

Diocese of Maryland, that the new Congregation formed in county, 

[or city, ] under the name of Church, [here give name and county or 

city,] be, and the same is hereby, admitted into union with this Convention, 
and shall be entitled to all the rights secured to Congregations organized 
according to the provisions of the Constitution and Canons of the 
Protestant Episcopal Church in this Diocese. 



Form No. XII. 

Parochial Enrollment. 

We, the subscribers, male citizens of the State of Maryland, above 

twenty-one years of age, resident in Parish, County, (or City) 

do hereby severally enroll ourselves as members of the Protestant Epis- 
copal Church, in said Parish, agreeably to the provisions of the Act of 
Assembly, passed at November session, 1798, ch. 24, entitled "An Act for 
the Establishment of Vestries for each Parish in this State." 



Subscriber's Name. 



Date of Enrollment. 



7* 



FORMS AND INSTRUCTIONS. 



Form No. XIII. 

Certificate of the appointment of Lay Delegates to the Convention. 

This is to certify that and as his alternate, both being mem- 
bers of the Congregation, have been duly appointed by the Vestry of 

Parish [or Congregation,] county, [or city,] (a Vestry elected by 

legally qualified members of the Protestant Episcopal Church,) to repre- 
sent it in the next Convention of said Church in the Diocese of Maryland. 

Witness my hand this day of , 18 — . 

A. B., Register [or Warden). 

Declaration by Lay Delegate. 

I do hereby declare my belief in the Christian religion and attachment to 
the Protestant Episcopal Church, and profess myself a member thereof. 

Lay Delegate. 

(1887, A 11.) Alternate. 



Form No. XIV. 

Oath of Vestrymen in addition to Oath prescribed in Sec. 6, of the 

Vestry Act. 

I do swear (or affirm) that I will support the Constitution of the 

United States ; and that I will be faithful and bear true allegiance to the 
State of Maryland and support the Constitution and Laws thereof. 



LAWS OF MARYLAND 

ON RELIGIOUS MATTERS. 



DECLARATION OK RIGHTS. [1867.] 

Art. 38. That every gift, sale or devise of land, to any Minister, Public 
Teacher or Preacher of the Gospel, as such, or to any Religious Sect, 
Order or Denomination, or to, or for the support, use or benefit of, or in 
trust for, any Minister, Public Teacher or Preacher of the Gospel, as such, 
or any Religious Sect, Order, or Denomination; and every gift or sale of 
goods, or chattels, to go in succession, or to take place- after the death of 
the seller or donor, to or for such support, use or benefit; and also every 
devise of goods or chattels to or for the support, use, or benefit of any Min- 
ister, Public Teacher or Preacher of the Gospel, as such, or any Religious 
Sect, Order, or Denomination, without the prior, or subsequent, sanction 
of the Legislature, shall be void; except always, any sale, gift, lease or 
devise of any quantity of land, not exceeding five acres, for a church, meet- 
ing house, or other house of worship, or parsonage, or for a burying-ground, 
which shall be improved, enjoyed, or used only for such purpose; or such 
sale, gift, lease, or devise shall be void. 



ACTS OK ASSEMBLY. 



Introduction. 

By the Act of Assembly, Chapter 1, of the Session of 1860, it is enacted, 
"That the two volumes of Revised Laws reported byOtho Scott and Hiram 
McCullough, * * * * be, and the same are hereby adopted in lieu of, and 
as a substitute for, all the Public General Laws and the Public Local Laws 
heretofore passed by the Legislature of Maryland." 

"And, further, that the savings and reservations and rules of interpreta- 
tion contained in the first Article of the Public General Laws be, and they 
are hereby, made a part of the Code." 

The third section of the first Article of the Public General Laws above- 
mentioned, is in the following words, viz : 

"3. No rights, property, or privileges held under a charter or grant from 
this State shall be in any manner impaired or affected by the adoption of 
this Code." 



80 LA WS OF MA R YLAXD OX RELIGIOUS MA TTERS. 



This section is also section 3 of Article I. of the Maryland Code of 1888 by 
John Prentiss Poe, adopted March 14, 1888, and in effect January 31, 1889. 
It virtually continues in force such of the following Acts as partake of the 
nature of public acts, so far as they convey rights or privileges, although 
they are not included in the Code. 



VESTRIES. 

1798— Chapter 24. 

An Act for the Establishment of Vestsies for each Parish in this State. \ 

Whereas, it is represented to this General Assembly, that the act for the 
establishment of Select Vestries, and the supplements thereto, are inade- 
quate to the exigencies of the Protestant Episcopal Church in this State, for 
which the said acts were intended to provide. 

II. Be it enacted by the General Assembly of Maryland , That the Ves- 
tries shall be chosen for each Parish within this State, in the following 
manner : Every free white male citizen of this State, above twenty-one 
years of age, resident of the Parish where he offers to vote six months next 
preceding the day of election, who shall have been entered^ on the books 
of said Parish one month at least preceding the da)- of election as a mem- 
ber of the Protestant Episcopal Church, and who shall also contribute to 
the charges of the said Parish in which he offers to vote such sum as a 
majority of the Vestry in each Parish shall annually, within ten days after 
their election, in writing, make known and declare, not exceeding two dol- 
lars, shall have a right of suffrage in the election of Vestrymen for such 
Parish ; and all persons so qualified shall, on the next ensuing Easter Mon- 
day, assemble in their respective Parishes, at their Parish Church, or if 
there shall be two or more Protestant Episcopal Churches in any Parish, at 
the Church first built therein, or if there be in an)* Parish no such Church, 
then at such other place as the Rector of the Parish, or if there be no Rector, 
as any three or more Vestrymen, may have publicly notified to the parish- 
ioners, and the said persons, so qualified to vote, when assembled, or such 
of them as may assemble in each Parish, shall proceed, by a majority of 
votes, to elect, by ballot, eight Vestrymen, from among the persons quali- 
fied to vote, who, with the Rector of the Parish for the time being, shall be 
deemed and considered the Vestry of the said Parish for the ensuing year, 
and the Rector of the Parish shall always be one of the Vestry. 

III. And be it enacted, That the Register of the Parish shall, and it is 
hereby declared to be his duty, to enroll any person of the Protestant Epis- 
copal Church, who shall apply for the purpose, on the books of the Parish, 
under the penalty of eight dollars, and he shall be authorized to demand 
and receive the sum of six cents for each and every such enrollment. 

IV. And, to perpetuate the Vestry in each Parish, Be it enacted, That 
on refusal to serve, resignation, death, or removal from the Parish, with a 
view to reside elsewhere, or on legal discharge from serving, or any other 

L See Bartlett vs. Hipkins, 76 Md. Rep. 31. 
2. See Act of 1823, c. 189. post. 



LA IVS OF MAR YLAXD ON RELIC 10 US MA TTERS. CI 

disqualification of any person chosen a Vestryman, the Rector, (if any,) or 
if no Rector, any two of the Vestry, or of those persons who last possessed 
the powers of Vestrymen, shall, with all convenient speed, appoint a gen- 
eral meeting of the parishioners entitled to suffrage as aforesaid, at the Par- 
ish Church or elsewhere, as herein before mentioned; and at such meeting, 
such of them as shall assemble shall proceed, by a majority of votes, to fill 
up such vacancy or vacancies from among the persons qualified to vote, as 
herein before provided ; l and on every Easter "Monday for ever, after the first 
election as herein before directed, the Parishioners entitled to suffrage shall 
assemble, as herein before prescribed, and they, or such of them as may 
assemble, shall, by a majority of votes, put out four of the eight Vestry- 
men whom they please, and shall immediately thereafter elect, by ballot, 
four Vestrymen from among the persons qualified to vote, including those 
whom they have voted out, all or any of whom they may re-elect; and 
such persons so chosen, with the remaining Vestrymen and the Rector2 
shall be the Vestry for the ensuing year. 

V. And be it enacted, That the Vestrymen of each Parish, or a majority 
of these who shall attend, shall judge of the election of Vestrymen, and of 
the qualification of voters, and of the qualification of the parishioners pro- 
posed to be elected as Vestrymen. 

VI. And be it enacted, That every person chosen a Vestryman shall, 
before he acts as such, take and subscribe the oath of support a*id fidelity 
required by the constitution and form of government, 3 unless such person 
hath before taken such oath, and also make and subscribe a declaration of 
his belief in the Christian religion, and he shall also take and subscribe the 
following oath of office, to wit: "I, A. B., do solemnly swear, that I will 

faithfully execute the Office of a Vestryman of Parish, in county, 

without prejudice, favor, or affection, according to the best of my skill and 
knowledge;" which oaths and declarations, any justice of the peace, or any 
Vestryman present, may administer and take. 

VII. And be it enacted, That the first Monday in February, May, 
August, and November, in each year, shall be the days on which a Vestry 
shall be held in every Parish, at eleven o'clock in the forenoon, at the place 
at which Vestry elections are directed by this Act to be held, without any 
notice thereof, 4 and every Vestry may also hold adjourned or special meet- 
ings at such ti nes and places as they may agree upon ; at any which time 
or place, any four Vestrymen, together with the Rector, if he shall attend, 
if not, any four without him, shall be a sufficient quorum for the transaction 
of any business whatever, which they are authorized to do by this act ; and 
whatsoever shall be thus done by a majority of such quorum, or of the 
members attending, if more than above directed, shall be valid and obliga- 
tory as if done by the whole Vestry ; provided always, that due notice of 
all adjourned and special meetings shall be given to all the members of the 
Vestry. 

1. Vestries are now authorized to fill up vacancies occurring in their own bodies— See Act of 
1828, c. 136. 

2. See Act of 1802, c. 105, and 1803, c. 15, and 1858, c. 300, relating to St. Peter's Church, Balti- 
more. 

3. See Form No. XIV. 

i. Now not necessary ; See Act of 1828, c. 136, section 3. 

6 



82 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



VIII. And be it enacted, That the Rector of each Parish for the time 
being shall preside in the Vestry, collect the votes, and shall, upon an 
equal division of those present, have a vote, except in cases in which he 
is in any manner particularly interested, and he shall have, except he may 
otherwise contract with the Vestry, the possession, occupation, and free use 
of all the glebe-lands, houses, ground rents, books and other property be- 
longing to his Parish, and be entitled to the benefits thereof during the 
time he shall officiate therein as Rector. 

IX. And be it enacted, That the Vestry of each Parish, for the time being, 
as Trustees of the Parish, shall have an estate in fee simple in all Churches 
and Chapels, and in all glebes, and other lands, and shall have a good title 
and estate in all other property heretofore belonging to the Church of Eng- 
land, or which shall hereafter belong to the said Church, now called the 
Protestant Episcopal Church, in Maryland, and it shall be lawful for such 
Vestry so to manage and direct all such property as they may think most 
advantageous to the interests of the parishioners, and they shall also have 
the property in all books, plate and other ornaments belonging to said 
Churches and Chapels, or any of them. 

X. And be it enacted, That if any Rector shall commit any waste on 
any glebe-land, or other land belonging to the Vestry of his Parish, or if he 
shall do any injury to his parsonage, or to his parish library, he shall be 
liable to pay treble damages, to be recovered of him by the Vestry in their 
corporate name, in the same manner as if he was not one of the Vestry. 

XI. And be it enacted, That on every Easter Monday, immediately 
after the election of Vestrymen, the Vestry shall proceed to choose from 
among the persons qualified to vote, two sober, discreet, and pious persons, 
to be Churchwardens for the ensuing year, and before they act as such, 
they shall take and subscribe the oath of fidelity, and make and subscribe 
the declaration herein before prescribed to be taken by Vestrymen, and 
also an oath, that they will faithfully discharge the duties of a Churchwarden. 

XII. And be it enacted, That every Churchwarden shall have power to 
keep the peace and also preserve order and decency in his respective Church 
or Chapels ; and it shall be lawful for any Churchwarden to apprehend any 
person guilty of any breach of the peace, or of any disorderly conduct, or 
making a noise in any Church or Chapel, or in the Church or Chapel-yard, 
or other enclosure, so as to disturb the Congregation, and to turn such per- 
son out of the Church, Chapel-yard or other enclosure thereto belonging; 
and it shall be the duty of any person (who may be called upon) to assist 
the Churchwarden in the before-mentioned duties. 1 

XIII. And be it enacted, That if, from any cause whatever, those per- 
sons qualified to vote in any Parish should suffer Easter Monday to elapse 
without any election of Vestrymen, then the said election may be held on 
any other day appointed for the purpose, at any time after, although it may 
be in any subsequent year, of which day notice shall be given by the Rector 
(if any) in his Church, immediately after divine service, on two succeeding 
Sundays, and if no Rector, by any two Vestrymen, or of those persons 

1. The 11th Sec. of "Act to incorporate certain persons in every Christian Church or Congre- 
gation," 1803, c. Ill, repeals so much of this act as confers the powers of civil officers of the 
peace on Churchwardens. 



LAWS OF MAR YLAND ON RELIGIOUS MA TTERS. 83 



who last possessed the powers of Vestrymen, by writing set up at the 
door of the Church ten days before the day of meeting. 

XIV. And be it enacted, If Churchwardens should not from any cause 
be chosen by the Vestry on the day of the election of Vestrymen, it shall 
and may be lawful to choose them at any subsequent meeting of the 
Vestry, and such elections shall be held valid and obligatory. 

XV. And be it enacted, That the Vestry of every Parish shall have full 
power and authority from time to time to choose one or more Ministers or 
readers of the Protestant Episcopal Church, (heretofore called the Church 
of England,) to officiate in any Church or Chapel belonging to the Parish, 
and to perform the other duties of a Minister therein, for such time as the 
said Vestry may think proper, and they may agree and contract with such 
Minister or Ministers, reader or readers, for his or their salary, and respect- 
ing the use and occupation of the parsonage-house, or any glebe or other 
lands, or other property, if any, belonging to the Parish, and on such 
terms and conditions as they may think reasonable and proper, and their 
choice and contract shall be entered among their proceedings ; and upon 
the expiration of such contract, the said Vestry may, in their discretion, 
renew their choice, or make a new contract, but if they do not incline so 
to do, their former choice and contract shall remain until they declare their 
desire to make a new choice or contract. 

XVI. And be it enacted, That if only one Minister shall be chosen for 
any Parish, he shall be called the Rector thereof, but where two or more 
Ministers shall be chosen of the same order in the Ministry, they shall be 
called associated Rectors of such Parish, and shall preside in the Vestry 
by rotation ; and in any Parish in which there shall, at any time, be more 
than one Minister regularly settled, and either of them of superior order 
in the Ministry, such superior Minister shall have the sole right of pre- 
siding in the Vestry, and be called the Rector thereof, and the other or 
others shall be called associated Ministers of such Parish. 1 

XVII. And be it enacted, If the Vestry of any Parish should think it 
necessary to take in subscriptions for the maintenance of their Minister or 
Ministers, reader or readers, or for paying the salaries of such other 
officers as the occasions of the Parish may require to be appointed, or for 
any other Parish purposes, it shall, and may, be lawful for them so to do. 

XVIII. And be it enacted, That the Vestry of every Parish shall be, 
and they are hereby, obliged to provide a fit person as Register of their 
Parish, whose duty it shall be to keep true and fair entries of the proceed- 
ings of such Vestry in the execution of their trust, which Register also shall, 
before he acts as such, take and subscribe the oath of fidelity herein before 
mentioned, (unless he shall have before taken such oath,) and make and 
subscribe a declaration of his belief in the Christian religion, as also take 
an oath for the due and faithful execution of the duties of his office, to be 
administered as herein before directed. 

XIX. And be it enacted, That it shall be the duty of the said Register 
to enter in a book provided for the purpose, all baptisms, marriages and 
funerals, of free persons in the Parish by any Minister of the Protestant 



1. See Act of 1827, c. 20. 



84 LA WS OF MAR YLAKD ON RELIGIOUS MA TTERS. 



Episcopal Church, and which may be made known to him by any of the 
said Ministers or Vestrymen of the Parish ; and it shall also be the duty 
of the said Register, in the entry of baptisms, to hiser; the Christian n im.es 
of the persons baptized, the Christian and surnames of the parents, with 
the dates of the baptisms and births of the persons baptized, and in the 
entry of marriages and burials to insert the tim^s of the celebration, and 
the Christian and surnames of the persons married, and the persons 
buried ; and it shall be the duty of the Minister or Ministers of every 
Parish, to take care that the said Register ht mad 2 acquainted with all the 
baptisms, marriages and burials, celebrated by him or then in the Parish. 

XX. And be it enacted, That if any Minister of the Protestant Epis- 
copal Church shall celebrate any baptism, marriage or burial, in any 
Parish in which he may not be a settled Minister, h3 is hereby required to 
communicate it to the Rector, or sou 3 one of the Vestry, of the Parish, 
who shall communicate it to the Register of said Parish. 

XXL And be it enacted, That if any Minister or Vestryman shall fail 
in the duties herein respectively assigned them, or if any Register shall 
refuse or neglect to enter any baptism, marriage or burial, so made known 
to him, the person offending shall forfeit eight dollars for every such 
offence. 

XXII. And be it enacted, That the Register of every Parish shall have 
the custody of all registers of baptisms, marriages, and burials, belonging 
to his Parish, and he is hereby obliged to show any person or persons, 
reasonably desiring it any such register, or give a certificate of the entry 
of any birth, marriage or burial, entered therein, which may be desired of 
him, and such certificate, under the hand of such Register, and with the 
common seal of such Vestry annexed thereto, shall be received in evidence 
in all courts of justice within this State ;l and for every search which may 
be required he shall be entitled to twenty-five cents, and for every certifi- 
cate as aforesaid he shall be entitled to twenty-five cents, nor shall he be 
obliged to make a search or give a certificate, until he shall have been paid 
the reward before allowed. 

XXIII. And be it enacted, That if any Vestry shall neglect or refuse to 
appoint a Register for their Parish, or to provide him with such g:>o J and 
substantial books as the execution of the djties herein committed to him 
may require, the individual Vestryman who shall vote against going into 
the appointment of a person to fill the ounce of Register, or shall refuse to 
vote on ths question of said appointment, or against the provision of good 
substantial books as aforesaid, shall forfeit and pay the sum of five dollars 
each for every time he shall offend, or vote as aforesaid, the said fine to be 
recovered before a single magistrate; provided always, That the Vestry- 
man so offending may, in all cases, allege before said magistrate, such 
excuse or excuses as he may think sufficient to relieve him from the pay- 
ment of the fine as aforesaid. 

XXIV. And be it enacted, That whenever special meetings of the 
Vestry shall be necessary, the Rector shall call them, but if there be no 
Rector, or if he shall be absent, or refuse or neglect to call a meeting, then 
any two of the Vestry agreeing so to do may summon a special Vestry. 



1. See supplement to this Act, 1833, c. 197. 



LA U'S OF MAR YLAND ON RELIGIOUS MA TTERS. 85 



XXV. And, the better to secure the attendance of members of the 
Vestry, Be it enacted, That no Vestryman shall absent himself from any 
stated meeting-, or from a special or adjourned meeting, of which he may 
be duly notified, without such excuse as the rest of the Vestry will allow, 
under a penalty not less than two or exceeding eight dollars. 

XXVI. And be it enacted, That if any person elected a Vestryman, 
agreeably to this act, shall, after convenient notice given him by the 
Register of the Parish, who is hereby required to give him such notice 
under the penalty of twenty dollars, refuse to serve as a Vestryman, 
according to the provisions herein made, without alleging such an excuse 
as the residue of the Vestry will allow, unless he shall have heretofore 
served two years, or been voted out at a former Vestry election, or if any 
person elected a Churchwarden, who has not before served in that office 
within the last three years, shall, after the same notice, refuse to serve as 
such, or, having been qualified shall retire from his office without the con- 
sent of the Vestry, before the time for which he was elected shall have 
expired ; unless he shall have been disqualified for remaining a Church- 
warden, the former shall forfeit twenty dollars, and the latter ten dollars. 

XXVII. And be it enacted, That all fines and penalties by this act 
imposed shall be recoverable before any justice of the peace, and applied 
to the use of the Parish, in such manner as the Vestry may direct. 

XXVIII. And be it enacted, That the Vestrymen of every Parish in 
this State for the time being, shall be, and they are hereby declared to be, 
one community, corporation and body politic, for ever, by the name of The 
Vestry of the Parish to which they severally belong, and by the same name 
they, and their successors, shall and may have perpetual succession, and 
shall and may, at all times hereafter, be persons able and capable in law 
to purchase, take and hold, to them and their successors, in fee, or for any 
less estate or estates, any lands, tenements, hereditaments, rents, or annui- 
ties, within this State, by the gift, bargain, sale or devise, of any person or 
persons, bodies politic and corporate, capable of making the same, and 
such lands, tenements, or hereditaments, to rent or lease, in such a manner 
as they may judge most conducive to the interests of their respective Par- 
ishes, and also to take and receive any sum or sums of money, and any kind 
of goods and chattels, which may or shall be given, sold, or bequeathed 
unto them, by any person or persons, bodies politic or corporate, capable to 
make a gift, sale or bequest thereof, and to apply the same for the use of 
their respective Parishes as herein before directed; provided, that the clear 
yearly value of the estate of any Vestry, (exclusive of the rents of pews, 
collections in Churches, funeral charges, and the like,) shall not exceed 
two thousand dollars. 

XXIX. And be it enacted, That no Vestry shall sell, alien, or transfer, 
any of their estates, or property belonging to their Church or Churches, 
without the consent of five at least of their body, (of which number the 
Rector shall always be one,) together with the consent of both the Church- 
wardens, and in case there be no Rector in the Parish, then it shall be 
necessary to obtain the consent of the Bishop of the Protestant Episcopal 
Church in this State for the time being, previous to any sale, alienation, or 
transfer, of any of the estates or property aforesaid. 



86 LA WS OF MAR YLAND ON RELIGIOUS MA TIERS. 



XXX. And be it enacted, That no Vestry shall apply any of the principal 
of the money arising from the sales of any of the estates or property afore- 
said towards any debt or debts contracted with their Minister on account 
of his official duties. 

XXXI. And be it enacted, That nothing herein before contained shall 
be construed to prevent the Vestry of any Parish from buying at any time 
a lot of land, not exceeding two acres, for a burial ground, or a site for a 
church or parsonage-house, or from selling or renting the pews of their 
churches or chapels, provided in so doing the said Vestry shall not inter- 
fere with any existing right or title in any person to any pew or pews. 

XXXII. And be it enacted, That the Vestry of every Parish, and their 
successors, (by the name aforesaid,) shall be forever hereafter able and 
capable in law to sue and be sued, plead and be impleaded, answer and be 
answered unto, defend and be defended, in all or any courts of justice, and 
before all or any judges, officers, or other persons whatsoever, in all and 
singular actions, matters and demands whatsoever; and that it shall and 
may be lawful for them, and their successors, forever hereafter, to have a 
common seal for their use, and the same, at the will and pleasure of them, 
and their successors, to change, alter, break and make anew, from time to 
time, as they shall think best. 

XXXIII. And be it enacted, That it shall be lawful for the Convention 
of the Protestant Episcopal Church in this State to divide or unite Parishes, 
as occasion may require, and to alter their bounds, and to constitute new 
Parishes ; and Vestrymen and Churchwardens of such new Parishes shall 
be chosen as hereinbefore provided, and sjiall have perpetual succession, 
and be incorporated by the name of The Vestry of such new Parish, and, 
such Vestry and Churchwardens shall have all the powers hereby granted 
in this act to other Vestrymen and Churchwardens; provided always that 
a majority of the members of the Protestant Episcopal Church, qualified 
to vote for Vestrymen, residing in any Parish, or part or parts of a Parish 
or Parishes, proposed to be added to any new Parish or Parishes, or to be 
constituted into a new Parish, shall consent thereto. 

XXXIV. And be it enacted, That immediately after the election of 
Vestrymen, on the next ensuing Easter Monday, as hereinbefore directed, 
the act entitled, An Act for the establishment of Select Vestries,! an d a n 
the supplementary acts thereto, shall be and hereby are repealed. 

1823— Chapter 189. 

A supplement to the Act for the establishment of Vestries for each Parish 

in this State. 

Whereas, the act to which this is a supplement does not provide for the 
election of a Vestry in any Parish, in which there may not be persons 
enrolled as in that act is directed, therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That 
from and after the passage of this act, it shall and may be lawful for any 
two or more members of the Protestant Episcopal Church, in any Parish in 



1. 1779, c. 9. 



LAWS OF MARYLAND ON RELLGLOUS MATTERS. 



87 



this State, in which there shall be no Vestry, to call a meeting of the mem- 
bers of said Church at the Parish Church, or if there shall be no Parish 
Church, at any convenient place in such Parish, first giving ten days' 
notice of the time and place of such meeting by advertisement in writing 
set up at the most public places in such Parish, and the members of said 
Church when so convened shall have power to elect a Chairman and Secre- 
tary, the former to preside at such meeting, and to determine who of the 
members convened shall be entitled to vote, and the latter to record or take 
minutes of the proceedings, and the said meeting shall thereupon elect by 
ballot eight of the most religious and intelligent members of such Church 
as Vestrymen. 

Sec. 2. And be it enacted, That the persons so elected shall, within 
ten days after their election, or as soon thereafter as practicable, meet and 
qualify in the manner now prescribed for other Vestrymen, and shall there- 
after be considered the Vestry of such Parish until the next Easter Monday, 
and as such shall have power to elect Churchwardens and a Register and 
to do all other acts which the Vestries can lawfully do. 



1827— Chapter 20. 

A supplement to the Act entitled an Act for the establishment of Vestries 
for each Parish in this State. 

Whereas, experience has shewn that associated Rectorships, as provided 
for by the sixteenth section of the act to which this is a supplement, are 
not in all cases expedient. 

Be it therefore enacted by the General Assembly of Maryland, That 
from and after the passage of this act, it shall and may be lawful for the 
Vestry of any Parish or Church or united Churches or Congregations 
within this State, where the ministrations of two or more Clergymen may 
be deemed necessary or convenient, to elect and call such Clergymen or 
any of them, either as Rector, associate Minister, or assistant Minister, or 
by such other appellation as said Vestry may think advisable, and desig- 
nate the powers and duties to be exercised and discharged by such Clergy- 
men or any of them. 



1828— Chapter 136, Section 3. 

Sec. 3. And be it enacted, That in future the Vestries of the Protestant 
Episcopal Church in this State shall not be obliged to meet on any stated 
days, or at any particular place, but only at such times and places as they 
may find most convenient ; and if any vacancy happens in the Vestry after 
their election, or any one elected shall refuse to serve, then the other 
members shall have the power to appoint a new member or members, as 
the case may be, to serve till the next succeeding annual election. 



CS LA WS OF MAR YLAND OX RELIGIOUS MA TTERS. 



1833— Chapter 196. 

A supplement, Id the Act entitled an Act for the establishment of Vest- 
ries for each Parish in this State. 

Whereas, by the act to which this is a supplement, passed at November 
session, seventeen hundred and ninety-eight, chapter twenty-four, the Reg- 
isters of Parishes are authorized to give certificates of the entry of any birth, 
marriage, or burial, entered in the register books of their respective Par- 
ishes, under the hand of such Register, and with the common seal of such 
Vestry annexed thereto, which shall be received in evidence in all courts 
of justice within this State ; and whereas, many of the Vestries have neglec- 
ted to procure a common seal ; therefore, 

Be it enacted by the General Assembly of Maryland, That wherever the 
Vestry of any Parish has neglected to procure a common seal, and until 
such common seal be procured, the Register of such Parish is authorized to 
give a certificate of the entry of any birth, marriage, or burial entered in 
the books of said Vestry, under the hand of such Register, which shall be 
received in evidence in all courts of justice in this State ; Provided never- 
theless, the said certificate is accompanied with a certificate of the Clerk of 
the County Court of the county in which said Register resides, under the 
seal of said County Court, that he knows of his own knowledge, or that it 
hath been proven to his satisfaction, that the person subscribing himself as 
Register of such Parish, is in fact the Register as stated, and that the said 
certificate was subscribed by said Register. 



CONVENTION. 

1840— Chapter 07. [Passed, Feb. IS, 1841.] 

An A.ct to i?icorporate the Convention of the Protestant Episcopal Church 
of the Diocese of Maryland, for the purposes therein mentioned. 

Whereas, the members of the Protestant Episcopal Church, in Maryland, 
have subscribed for and raised a fund for the permanent support of the 
Episcopate of said Church ; and whereas also, the Convention of the said 
Church, which by the constitution thereof is entrusted with the administra- 
tion of its concerns, has no legal authority to receive, invest, or dispose of 
said fund or the proceeds arising therefrom, and to that end have asked 
that a law may be passed incorporating the said Convention, for the pur- 
pose alone of administering the said f ands, according to the design of said 
contributors : 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
persons who now constitute, and may hereafter constitute the Convention 
of the Protestant Episcopal Church of the Diocese of Maryland, shall be, 
and they are hereby, incorporated and made a body corporate aaJ politic, 
by the name of the Convention of the Protestant Episcopal Church of the 
Diocese of Maryland, and by that name they and their successors to be 
elected, appointed, and qualified according to the form and effect cf the 



LA WS OF MAR YLAND ON RELIC 10 US MA TTERS. 89 



constitution of the said Church for the time being, shall have perpetual 
succession, and by that name be capable of suing and being sued in any 
court of law or equity in this State, and shall have and use a common seal, 
and the same break, alter and renew at pleasure, and shall have and eTxer- 
cise such, other powers as shall or may be necessary or proper, to carry into 
effect the objects of the incorporation. 

Sec. 2. And be it enacted, That the said corporation shall have full power 
and authority to take and hold subscriptions or contributions in money or 
otherwise, for the purpose of creating a permanent fund for the support of 
the Episcopate in said Diocese, and the same to invest, and the proceeds 
thereof to apply for the purpose aforesaid, as may from time to time be 
deemed most expedient, and shall likewise have full power and authority 
to appoint an executive committee or other trustees, by whatever name or 
names they may be designated, to administer said fund in such manner and 
form, and with such authority as the said corporation shall from time to 
time prescribe; Provided, however, that the expenses of administering said 
fund, the salary of the Bishop, and other charges thereon, shall be payable 
and paid only out of the annual interest, dividends or profits of said fund ; 
and that the principal sum or amount of such contributions and subscrip- 
tions shall be at all times kept invested in some safe and profitable stocks, 
mortgages, or other securities. 

Sec. 3. And be it enacted, That if this act shall be accepted by the Con- 
vention of the Protestant Episcopal Church of this Diocese, at their next 
annual meeting, the said Convention shall proceed to adopt such rules and 
regulations in regard to the said fund, and its administration, as to the said 
Convention may seem expedient. 1 

Sec. 4. And be it enacted, That nothing herein contained shall enlarge, 
restrict, or in any manner affect the power or authority which the said Con- 
vention now hath, or may exercise or claim over the said Church in this 
Diocese, or the members thereof, but all such powers and authorities which 
are or may be claimed or exercised, shall remain in like condition, and none 
other, as if this act had not been passed. 

Sec. 5. And be it enacted, That this act shall be, and the same is hereby, 
declared to be void and of no effect, unless it shall be accepted by the said 
Convention, at its next annual meeting, and a certificate or act of such 
acceptance, filed with the Secretary of State, in three months thereafter.! 

I85G— Chapter 17. 

An Act amendatory of the act incorporating the Convention of the Protest- 
ant Episcopal Church, in the Diocese of Maryland, passed at December^ 
Session, eighteen hundred and forty, chapter sixty-seven, authorizing the 
said Convention to take and hold subscriptions or contributions in money, 
or otherwise, for religious or charitable purposes. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
corporate powers and privileges conferred upon the Convention of the 
Protestant Episcopal Church in the Diocese of Maryland by the original act 

1. This act was accepted by the Convention on 27th of May, 1841, and a certificate cf such 
acceptance was filed with the Secretary of State, immediately thereafter. 



90 LA WS OF MAR YLAND ON RELIC 10 US MA TTERS. 



to which this is an amendment, shall be and the same are hereby extended 
to enable the said Convention to take and hold subscriptions or contribu- 
tions in money or otherwise, which may be made to or in behalf of the 
various associations for religious or charitable purposes, now existing or 
hereafter to exist in the several counties of this State and in the City of 
Baltimore, under the sanction of said Convention, and to appoint, in its 
discretion executive committees or other trustees, by whatever name or 
names they may be designated, for administering the respective funds so 
arising as aforesaid, in such manner and form and with such authority as 
the said Convention ma}- from time to time prescribe ; Provided always, 
That in such administration the respective funds shall be kept distinct and 
separate, and that each fund shall be held liable only for obligations that 
may have been incurred in its own proper behoof. 

Sec. 2. And be it enacted, That this act shall take effect from the day 
when an official certificate of its acceptance by the said Convention shall be 
filed with the Secretary of State. 1 



1878— Chapter 403. 

An Act to explain certain corporate pozaers and privileges heretofore con- 
ferred, and also to confer additional corporate powers and privileges 
upon the Convention of the Protestant Episcopal Church of the Diocese 
of Maryland, by authorizing it to receive by gift, devise or otherwise, 
contributions in money, land or other property, and to hold the same for 
the purposes therein mentioned. 

Sec. 1. Be it enacted by the General Assembly of Mary land, That the 
corporate powers and privileges conferred upon the Convention of the 
Protestant Episcopal Church of the Diocese of Maryland, by the act amend- 
atory of the original act for the incorporation of said Convention, passed 
December session, eighteen hundred and forty, chapter sixty-seven, and 
which said amendatory act was passed January session, eighteen hundred 
and fifty-six, chapter seventeen, be and the same are hereby explained and 
extended so as to enable the said Convention to receive by gift, devise or 
otherwise, contributions in money, lands or other property, and to hold the 
same for burial grounds, church colleges, church or parish schools, for the 
support of missionaries and mission work, for building, adorning or repair- 
ing churches or mission chapels, and for such other general or special 
religious or charitable work or agencies within the said Diocese, and now 
or hereafter under the jurisdiction, control or sanction of the said Conven- 
tion, as may be designated by the donor, with the same power in regard 
to the administration of the respective funds so arising, and subject to the 
same proviso contained in the amendatory act above mentioned. 

Sec. 2. And be it enacted, That this act shall take effect from the day 
when an official certificate of its acceptance by said Convention shall be 
filed with the Secretary of State ; provided, however, that this act shall 

1. This act was accepted by the Convention of 1856, and a certificate of said acceptance wa.S 
filed immediately thereafter with the Secretary of State, 



LA WS OF MAR YLAND ON RELIC 10 US MA TTERS. 91 



not be so construed as to interfere with the rights of any person under a 
proper legal construction of any act or law in force at the time of the pass- 
age of this act.l 



COLLEGE OF ST. JAMES. 

1843— Chapter 253. 

An Act to incorporate a Literary Institution in Washington County, under 
the name of the College of St. fames. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That 
Frederick Dorsey, Thomas Buchanan, John R. Dall, William Rollinson 
Whittingham, Theodore B. Lyman, John B. Kerfoot, Reuben Riley, Russel 
Trevet, Dwight E. Lyman, and their successors, being members of and 
attached to the Protestant Episcopal Church in Maryland, shall be and 
they are hereby, constituted a corporation or body politic, by the name of 
the Trustees of the College of St. James, and by that name shall have 
perpetual succession, and may sue and be sued, implead and be impleaded, 
and may purchase and hold property, whether acquired by purchase, gift, 
or devise, and whether real or personal or mixed, and may make and have 
a corporate seal, and the same break and alter at their pleasure, and shall 
have all other rights belonging to similar corporations by the laws of this 
State. 

Sec. 2. And be it enacted, That the object of said association is hereby 
declared to be the promotion of Christian and liberal education. 

Sec. 3. And be it enacted, That the entire management of the affairs 
and concerns of said corporation and college, and all the corporate powers 
hereby granted, shall be, and are hereby, vested in a board of nine trustees, 
resident within the State ; the persons named in the first section of this act 
shall be the first trustees. 

Sec. 4. And be it enacted, That the majority of the trustees shall have 
power from time to time to enact by-laws for the regulation and manage- 
ment of the affairs and concerns of said corporation and college, for filling 
up vacancies in the board occasioned by death, resignation, removal from 
the State or otherwise, as may be provided for by the by-laws, and also to 
prescribe the number and description, duties and powers of the officers, 
the manner of their election, and the term of their offices. 

Sec. 5.' And Be it enacted, That for the purpose of carrying out the 
object declared in the second section of this act, or for any purpose con- 
nected therewith, the said corporation shall have power, from time to time, 
to purchase, take and hold, real and personal estate, and to sell, lease, and 
dispose of the same ; Provided, That the net annual value shall not exceed 
fifteen thousand dollars. 

Sec. 6. And be it enacted, That the said corporation shall have and 
possess the right and power of conferring the usual academical degrees. 

1. This act was accepted by the Convention of 1878, and an official certificate thereof filed 
with the Secretary of State. 



92 LA WS OF MAR YLAND ON RELIGIO US MA PEERS. 



Sec. 7. And be it enacted, That this charter shall be revocable at any- 
time hereafter by the Legislature of this State. 

Sec. 8. And be it enacted, That the Trustees and Faculty of said Col- 
lege shall make a yearly report of the state of the institution to the Gov- 
ernor of the State, to be by him laid before the Legislature. 



1846— Chapter 172. 
An Act relating to the College of St. James in Washington County. 
[In regard to the sale of liquor within two miles of the College.] 



1858— Chapter 381. 

An Act S7ipplementary to the Act of December Session, eighteen hundred 
and forty-three, chapter two hundred and fifty-three, entitled an Act to 
incorporate a Literary Institution in Washington County, under the 
name of the College of St. James. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
third section of the act to which this is a supplement be amended, so as to 
read as follows : " And be it enacted, That the entire management of the 
affairs and concerns of the said corporation and college, and all the cor- 
porate powers hereby granted shall be and they are hereby vested in a 
Board of nine Trustees, seven of whom shall always be residents of this 
State, and the persons named in the first section of this act, shall be the 
first Trustees." 

Sec. 2. And be it enacted, That the Trustees shall have power to estab- 
lish said corporation in any county within this State, and to remove the 
same from county to county in this State as often as to them shall seem 
expedient and advisable. 

Sec. 3. And be it enacted, That this act shall take effect as soon as the 
said, corporation shall signify its acceptance of the same, by writing, under 
its corporate seal, filed with the Governor of this State, to be by him pre- 
served among its executive records. 



ST. PZTER'S CHURCH, BALTIMORE. 

18C2— Chapter 105. 

An Act to authorize the building of a Protestant Episcopal Church, 
within the City of Baltimore, by the name of St. Peter's Church, and 
for other ptirposes. 

% * * * * * * 

Sec. 3. And be enacted, That when the said Church shall be so built as 
to admit of Divine worship to be performed therein, that the said Jeremiah 
Yellott, John Scott, William Jolly, Hezekiah Waters, Josias Pennington, 



LA JVS OF MAR YLAND ON RELIGIOUS MA TTER.S. 93 



Simon Wiltner of Edward, and James Corrie, and the survivors or survivor 
of them, shall, by advertisement in the different newspapers in the City of 
of Baltimore, notify the subscribers thereto, ^professing themselves mem- 
bers of the said Church, to assemble and meet together in the said Church, 
thirty days at least after such notification, for proceeding to the election 
of a Vestry to the said Church. 

Sec. 4. And be it enacted, That the said subscribers, professing them- 
selves members of the said Church, or so many of them as shall then and 
there assemble and meet together, shall proved to elect, by ballot, by a 
majority of votes, nine Vestrymen, from among the members of the said 
Church, who shall be deemed and considered the Vestry of the said Church 
for the ensuing year. 

Sec. 5. And be it enacted, That when the said Vestry shall be thus 
elected, that they shall have and enjoy every right, power, benefit, privi- 
lege, and indulgence, that is given or granted to, used, or enjoyed by, any 
other Vestry of the Protestant Episcopal Church within the State of Mary- 
land. 

Sec. 7. And be it enacted, That after the said first election of the Vestry 
to the said Church shall have been made as herein directed, the subscribers 
to and members of said Church, contributing to and attendants on the 
same, and being free white male citizens, shall annually, on Easter 
Monday, meet in said Church, and elect nine Vestrymen for the ensuing 
year, by a majority of votes, by ballot. 1 



180C— Chapter 43. 

A supplement to the Act, entiled A:i Act to authorize the building of a 
Protestant Episcopal Church within the City of Baltimore, by the name 
of St. Peter 's Church, and for other purposes, passed at November 
session, 1802. 

Sec. 3. And be it enacted, That the Vestry of the said Church, for the 
time being, may impose such annual rent on each and every pew in the 
said Church for the support of the Minister of the said Church, and for 
other incidental expenses, as they may think proper : Provided always, 
that the said Vestry shall not impose such rent or charge on any pew 
before the same shall be sold by the said Trustees, or all debts by them 
contracted, and sums of money by them advanced for the purposes afore- 
said, shall be paid and discharged. 

. Sec. 4. And be it enacted, That the Vestry of the said Church shall not 
appoint or agree with a Minister to officiate in the said Church for a longer 
time than one year, but they may re-elect or re-appoint the same Minister 
from time to time.^ 

1. Repealed in part by Act 1853, e. 300, Sec. 1. 

2. Repealed by Act of 1858, c. 300, Sec. 3. 



94 LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



Sec. 10. And be it enacted, That after the first election of a Vestry to 
the said Church, no person shall be entitled to vote for a Vestryman for said 
Church but free white male citizens, twenty-one years of age, holding a pew 
or half pew, in the said Church, and professing themselves members of the 
same. 

Sec. 12. And be it enacted, That any Vestry of the said Church, for the 
time being, may purchase the fee of the lot on which the Church is built, 
and the fee of the lot of land purchased, or which may hereafter be pur- 
chased, for a burial ground, if the same shall not in the first instance be 
purchased in fee. 



1858— Chapter 300. 

A?i Act relating to the Vestry of St. Peter's Church, in the City of 

Baltimore. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That so 
much of the seventh section of an act entitled "An Act to authorize the 
building of a Protestant Episcopal Church, in the city of Baltimore, by the 
name of St. Peter's Church, and for other purposes," passed November 
session, eighteen hundred and two, chapter one hundred and five, as 
requires the election of nine Vestrymen for St. Peter's Church, shall be and 
is hereby repealed. 

Sec. 2. ' And be it enacted, That from and after the first Easter Monday 
following the acceptance of this act by the Vestry of said Church, the 
Vestry thereof shall consist of the Rector, who shall be President thereof, 
and of eight Laymen, to be chosen in the same manner as the nine are now 
chosen. 

Sec. 3. And be it enacted, That the fourth section of an act entitled, 
" A supplement to the Act entitled An Act to authorize the building of a 
Protestant Episcopal Church within the city of Baltimore, by the name of 
St. Peter's Church, and for other purposes," passed at November session, 
eighteen hundred and three, chapter forty-five, be and the same is hereby 
repealed. 

Sec. 4. And be it enacted, That this act shall go into effect so soon as it 
shall be accepted by the Vestry of the said Church, and a certificate of 
such acceptance filed with the Secretary of State. 



1805— Chapter 6. 

An Act for the Establishment of a School in the City of Baltimore. 

Whereas, the Reverend George Dashiell, Rector of St. Peter's Protes- 
tant Episcopal Church, in the city of Baltimore, and sundry other persons 
members of said Church, have associated for the purpose of maintaining 
and educating poor children, and this General Assembly being desirous to 
assist such institutions by vesting their promoters with corporate powers ; 
therefore, 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 95 



Be it enacted by the General Assembly of Maryland, That the Reverend 
George Dashiell, Edward Johnson, Thomas Rutter, Josias Pennington, 
William Jessop, Hezekiah Waters and Henry Dorsey Gough, and their 
successors in office, who shall be duly elected in the manner hereinafter 
described, are hereby declared to be one community, corporation and 
body politic, forever hereafter, by the name and style of the Trustees of 
St. Peter's School, and by that name they shall be, and are hereby made, 
able and capable in law to have, purchase, receive, possess, enjoy and 
retain to them and to their successors aforesaid, lands, tenements, rents, 
annuities, pensions and other hereditaments, in fee simple, or for a term 
of years, life, or lives, or otherwise, and also goods, chattels or effects, of 
what nature, quality or kind soever, by the gift, bargain, sale or devise, of 
any person or persons, bodies politic or corporate, capable to make the 
same, and the same to grant, devise, alien or dispose of, in such manner 
as they may judge most conducive to the benevolent and charitable uses 
of said society ; Provided always, that the said corporation or body politic 
shall not, at any time, hold or possess property, real, personal or mixed, 
exceeding in yearly revenue eight thousand dollars. 

3. And be it enacted, That when any parents or guardians, or any 
orphans' court, shall have placed any poor child or children in the before- 
mentioned institution, they shall thenceforth be under the control and 
management of the said institution, until it shall be thought proper by the 
Trustees of said school to bind out such poor child or children for the term 
which by law other poor children shall or may be bound, any law of this 
State to the contrary notwithstanding : Provided, That nothing herein 
contained shall be construed to abridge the security afforded by the laws 
concerning apprentices. 

4. And be it enacted, That the Reverend George Dashiell, Edward 
Johnson, Thomas Rutter, Josias Pennington, William Jessop, Hezekiah 
Waters, and Harry Dorsey Gough aforesaid, shall and are hereby empow- 
ered to serve as Trustees of the said school, until the election of the 
Vestry of the Church of St. Peter's aforesaid for the year one thousand 
eight hundred and seven, and that at time the power and office of the 
persons beforementioned shall, as Trustees, expire, and an election of 
seven Trustees, always including the Rector of the said Church, shall then 
and ever thereafter be made, by such members of the congregation as have 
the privilege of voting at an election for the Vestry, at the same time and in 
the same manner as the election by said members of the congregation is 
made for the Vestry of St. Peter's Church aforesaid ; but in case of a vacancy 
or vacancies occasioned by death, resignation, removal out of the State or 
disqualification of any of the said Trustees in the intermediate space of 
time between the passage of this act and the election directed to be made 
as aforesaid, the remaining Trustees, or a majority of them, shall fill up 
such vacancy or vacancies : Provided always, That their choices shall be 
made from the congregation of St. Peter's Church aforesaid. 

5. And be it enacted, That the said Trustees and their successors, or a 
majority of them, shall and may ordain, establish, and put in execution 
such by-laws, ordinances, and regulations as to them shall seem conducive 
to the interests of the said institution, and necessary to the good govern- 



93 LA W$ OF MAJR YLAND ON RELIOIO US MA TTIZRS. 



ment and orderly management thereof, the same not being contrary to the 
laws of this State or of the United States, and generally to do and execute 
all such acts, matters, and things, and in such manner and form as to them 
shall seem proper, in order more effectually to carry into effect the purposes 
of this act: Provided always, That a majority of the Trustees in being shall 
be necessary to form a quorum for the transaction of business. 

G. A.ndbe it enacted, That the aforesaid Trustees and their successors, 
by the name aforesaid, shall be able and capable in law to sue nnd be sued, 
implead and be impleaded, answer and be answered, defend and be 
defended, and in all and any court or courts of justice whatsoever, and also 
to make and use a common seal, and the same to break or renew at 
pleasure. 



1840— Chapter 

An Act to incorporate the St. Peter s Asylum for Female Children. 

Whereas, a number of ladies in the city of Baltimore, attached to the 
Protestant Episcopal Church of St. Peter, there, having associated them- 
selves for the establishment and support of an institution to be devoted to 
the maintenance and education of destitute female children, and, for the 
promotion of their purpose, have asked that a charter be granted them. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That 
Mrs. Keyser, Mrs. Keirle, Mrs. Levering, Mrs. Long, and all others, the 
ladies now contributing, or hereafter to become contributors to the Saint 
Peter's Asylum for female children, be, and they are hereby, constituted 
and created a body politic and corporate by that name, an 1 by the same 
name shall be. and they are hereby, empowered to have and to use a 
common seal, to implead and be impleaded, to receive from any parent, 
guardian, orphans' court, or other person or authority in charge, any 
destitute female child or children for the support and education, mental 
and religious, of such children, until they shall reach the age of eighteen 
years, or for a shorter period, as they shall in each case determine, to bind 
out any child so received when they shall judge it necessary, but so, 
however, that they shall be free at the ag? of eighteen years ; to take by 
gift, grant, devise, bequest, or otherwise, lai Is, tenements, hereditaments, 
moneys, goods, anJ chattels, and to convey the same, including herein the 
power to receive from the Trustees of S lint Peter's School, incorporated by 
an act of the General Assembly of this State, passed at November session, 
anno Domini eighteen hundred and five, any moneys or property which 
said Trustees may judge it conducive to the benevolent and charitable uses 
of their Society so to give, and generally to have and to exercise all other 
corporate powers which may be necessary or proper to effectuate th§ end 
of the creation of said body politic. 

Sec. 2. And be it enacted, That the internal government and direction 
of the body politic hereby created, shall be vested in a Board of Managers, 
to consist of twelve ladies, either married or unmarried, being annual con- 
tributors of five dollars or more, to be annually elected on Easter Monday, 
by the female annual contributors to the Asylum of the amount of one 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 97 



dollar or upwards, who shall be members of the congregation of St. Peter's 
Protestant Episcopal Church ; said Managers to fill up the vacancies which 
may happen in the number in the course of the year, and in the event of the 
failure of election from any cause, to hold over until their successors are 
duly elected ; to have the power to make by-laws for their own government 
and that of the Asylum ; to employ and fix the duties and compensations 
of all agents and servants whom they may find necessary at the Asylum, 
and generally to have and exercise all powers needful for them in the 
premises, and that all corporate powers conferred by this act, other than 
those which concern the internal government and direction of its affairs, 
shall be exercisable by a board of five Trustees, or the major part thereof, 
to consist of Messrs. Samuel S. Keyser, Ellis B. Long, Clinton Levering, 
William W. Wayman, and William Woodward, and their successors, who 
shall be authorized, from time to time, to fill all vacancies in their number 
from whatever cause arising : Provided always, that nothing herein con- 
tained shall empower them to exercise any banking privileges, or to issue 
any note in the nature of a bank note. 

Sec. 3. And be it enacted, That the right is hereby reserved to the 
General Assembly to alter, amend, or annul this act of incorporation, at 
its pleasure. 



CHRIST CHURCH, BALTIMORE. 
1828— Chapter 136. 

An act to incorporate the Members of Christ Church, in the City of Bal- 
timore, as a separate Congregation of the Protestant Episcopal Church 
of the United States.^ 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
Congregation of Christ Church in the City of Baltimore, now forming a 
part of St. Paul's Parish of Baltimore County, shall be, and are hereby, 
incorporated as a separate Congregation of the Prostestant Episcopal 
Church of the United States, by the name and style of The Vestry of 
Christ's Church in the City of Baltimore, and by that name shall severally 
have and exercise all such powers, immunities, rights, and privileges relat- 
ing to the Congregation hereby incorporated, as are lawfully exercised and 
held by the incorporation of St. Paul's Parish aforesaid in this State, under 
the act of 1798, chapter 24, and by the same laws, and in all respects be on 
the same footing with other separate Congregations of said Church in this 
State. 

Sec. 2. And be it enacted, That the Vestry elected by the said Congre- 
gation are hereby confirmed in their office till the period appointed by the 
act of 1798, for the electing a new Vestry, and they shall have legal 
authority to receive a conveyance to them, and their successors, of such 
real and personal property as may have been agreed to be conveyed by St. 
Paul's Parish, and to transmit the same to their successors. 

1. Amended by Act of 1872, c. 297. 



7 



98 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



1840— Chapter 107. 
An Act to incorporate the Christ Church Asylum for Female Children.^- 

Whereas, a number of ladies in the City of Baltimore, desirous to afford 
to destitute female children the opportunities of education and the means 
of support, have associated themselves for the establishment and mainte- 
nance of an institution to be devoted to those ends, and for the promotion 
of their purpose have asked that a charter be granted them. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That Mrs. 
Gittings, Mrs. Wyman, Mrs. James Howard, and Mrs. Jenkins, and all 
others, the ladies now contributing, or hereafter to become contributors to 
the Christ Church Asylum for Female Children, be and they are hereby 
constituted and created a body politic and corporate by that name, and by 
the same name shall be and they are hereby empowered to have and to 
use a common seal, to implead and to be impleaded, and to take and con- 
vey lands, tenements, hereditaments, moneys, goods, and chattels, to an 
amount not exceeding in yearly value the sum of five thousand dollars. 

Sec. 2. And be it enacted, That the corporate powers and capacity by 
this act conferred, shall be exercisable only for the support and education 
of female children ; and that when any parent, guardian, or orphans' 
court of this State, shall have placed any female child or children with the 
said body corporate, the said child or children shall be subject to the regu- 
lations applicable by law to apprentices, until it shall be thought proper by 
said body corporate to bind them out, which it is hereby authorized to do 
until they reach the age of eighteen, in the manner in which other female 
children may be bound ; provided, that nothing herein contained be con- 
sidered as abridging the security afforded to such children by the laws con- 
cerning apprentices. 

Sec. 3. And be it e?iacted, That the authority herein before given to 
use a common seal, to implead and be impleaded, to purchase and convey 
lands, tenements, and hereditaments, to bind out children and to appoint 
a Board of Managers, as is hereinafter specified, shall reside in a Board 
of Governors, to consist of John S. Gittings, James Howard, A. J. Hen- 
derson, Samuel Wyman, and James Mason Campbell, Esquires, and 
their successors, and that said Board shall have power to fill all vacancies 
which may occur among its members, by death, removal, resignation, or 
otherwise, and to make such officers from among their own number, as 
they may think necessary. 

Sec. 4. And be it enacted, That the collection and employment of the 
means of said body corporate, in the support and education of female 
children, shall be confided to a Board of Managers, to consist of twenty- 
five ladies, either married or unmarried, being annual contributors of five 
dollars or upwards, to be annually appointed by the Governors, upon whom 
shall devolve also the duty, if requested by the said Board of Managers, of 
filling up any vacancies happening during the current year; said Board of 
Managers to have power to contract in the name of the body corporate for 
the renting of houses, for the purchase of all things necessary for the sup- 



1. The original Act was that of 1839, c. 307, which is superseded by this Act. 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 99 



port and education of the children, and for the employment and compen- 
sation of agents and servants, to appoint any officers they may think 
expedient, and define their duties and term of office ; to pass such by-laws 
for their government and that of the asylum as they conceive proper, so 
that they be not against law, including herein the power to determine what 
number of their body shall constitute a quorum : and generally to have 
and exercise all the powers which may by a liberal construction be neces- 
sary for effecting the end of the creation of said body politic, and which 
are not herein before vested in the Governors. 

Sec. 5. And be it enacted, That the right is hereby expressly reserved 
to the General Assembly of Maryland at its pleasure to alter, amend, or 
annul this act of incorporation ; provided, nothing herein contained shall 
be construed to confer upon said body politic, nor the Board of Governors, 
nor the Board of Managers any banking privileges, nor the right to issue 
any note in the nature of a bank note. 

1872— Chapter 297. 

An Act to amend the Act of 1828, Chapter 136, [etc., Incorporating the 
Members of Christ Church, City of Baltimore.'] 

Whereas, the Vestry of Christ Church, in the City of Baltimore, referred 
to in the above entitled act, have recently erected a new Church edifice 
upon a lot of ground purchased by them on the northwest corner of St. 
Paul and Chase streets, in the City of Baltimore, and have called the same 
Christ Church ; and, 

Whereas, they are desirous of retaining the Church edifice on the corner 
of Gay and Fayette streets, heretofore held by them and formerly called 
Christ Church, but now called the Church of the Messiah, as a place of 
worship ; and, as contributions for the purpose of so retaining said Church 
have been made by persons other than those connected with the Congre- 
gation of Christ Church, it is desirable that said Church, now called the 
Church of the Messiah, should be free from all debts contracted, or to be 
contracted, b}' the said Vestry of Christ Church, in reference to the said 
new edifice. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
Vestry of Christ Church, in the City of Baltimore, incorporated by the Act 
of 1828, chapter 136, be, and they are, by their said corporate name, 
authorized to hold the said lot of ground and Church edifice, now erected 
thereon, on the northwest corner of St. Paul and Chase streets, in the City 
of Baltimore, now called Christ Church, in the same full and ample man- 
ner, and transmit the same to their successors, as they are authorized to 
hold any property by virtue of the said original act. 

Sec. 2. And be it enacted, That the said Vestry of Christ Church, in the 
City of Baltimore, shall be authorized to hold and dispose of the property 
held by them on the corner of Gay and Fayette streets, with the Church 
edifice thereon, formerly called Christ Church, but now the Church of the 
Messiah, free, clear, and discharged from all debts of the said corporation, 
except such as may be created in special reference to the management of 
said Church. 



100 LA JVS OF MAR VIAND OM RELIGIOUS MA TTERS. 



Sec. 3. And be it enacted, That in order that the affairs of said Church 
of the Messiah may be managed in such a way as to be separate from the 
charges and expenses of said Church, now called Christ Church, the entire 
management and control of the said Church of the Messiah shall be vested 
in five Trustees, to be appointed by the Vestry of Christ Church, in the City 
of Baltimore, and that said Trustees, so appointed, shall have such control 
in the management of said Church, as is now exercised by Vestries of 
Churches in the Protestant Episcopal Church, in the State of Maryland, 
except that the said Trustees shall have no power to create any debt, 
charge, or lien upon the said Church, and shall have no power to sell the 
same, and no power shall exist to sell the same, except by the joint consent 
of the Vestries of Christ Church, in the City of Baltimore, and of Grace 
Church, in the City of Baltimore. 

Sec. 4. And be it enacted, That the said Vestry of Christ Church, in 
the City of Baltimore, shall, annually, on or before the first day of May, 
make appointment of the said Trustees, to serve for one year from said 
date, and in the event that before said first day of May in any year there 
shall no appointment be made as prescribed, that then the Trustees of the 
former year shall hold over for one year longer, commencing from said first 
day of May. 

Sec. 5. And be it enacted, That the said Vestry of Christ Church in 
the City of Baltimore, shall, at some meeting to be held by them on or 
before the first day of May, 1872, determine whether they will accept of 
the provisions of this act, and enter such their determination upon their 
minutes of proceedings, and if they should determine to accept the same, 
then this act shall be in force from and after said acceptance. 

Sec. 6. Be it enacted, That the Legislature of Maryland shall have 
power to alter or repeal this Act, or the original Act, at their pleasure. 



ST. TIMOTHY'S HALL. 
1847— Chapter 209. 
An Act to incorporate the Trustees of St. Timothy 's Hall, a Literary 
Institution in Baltimore County.^ 



1852— Chapter 319. 
An Act concerning the Students of St. Timothy's Hall, Baltimore 

County.^ 

INSTITUTIONS OF ST. PAUL'S PARISH, BALTIMORE. 
1799— Chapter 44. 
An Act to incorporate a Society for th€ maintenance and education of poor 
Female Children, by the name of The Benevolent Society of the City 
and County of Baltimore. 

Whereas, The Reverend Joseph G. J. Bend and the Reverend John Ire- 
land, Associate Rectors of St. Paul's Parish, in the City and County of 
Baltimore, and sundry other persons of the City and County of Baltimore, 

1. The Institution has ceased to exist. 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 101 



have associated themselves for the truly benevolent purpose of establish- 
ing an institution for the maintenance and education of poor female chil- 
dren, and by their petition to this General Assembly represented, that their 
endeavors would be followed by more beneficial consequences if the 
society was invested with corporate powers : And zuhereas, this General 
Assembly is desirous to give proper assistance to humane and benevolent 
institutions, more especially to those having for their object, the instruction 
of youth, on which the virtue and happiness of society so much depend ; 
therefore, 

2. Be it enacted by the General Assembly of Maryland, That the said 
Reverend Joseph G. J. Bend and the Reverend John Ireland, Associate 
Rectors of St. Paul's Parish aforesaid, and their and each of their suc- 
cessors, George Grundy, Nicholas Rogers, Henry Nichols, John Merry- 
man, and Hezekiah Clagett, and such other male persons as may from 
time to time hereafter unite with them in their benevolent design, and 
become contributors and subscribers to the said society, shall be, and they 
are hereby declared to be, one community, corporation, and body politic, for 
ever hereafter, by the name and style of The Benevolent Society of the City 
and County of Baltimore, and by that name they shall be, and are hereby, 
made able and capable in law to have, purchase, receive, possess, enjoy, and 
retain, to them and their successors, lands, tenements, rents, annuities, 
pensions, and other hereditaments, in fee simple, or for a term of years, life, 
lives, or otherwise, and also, goods, chattels, and effects, of what nature, 
kind, or quality soever, by the gift, bargain, sale or devise, of any person or 
persons, bodies politic or corporate, capable to make the same, and the same 
to grant, devise, alien, or dispose of in such manner as they may judge 
most conducive to the benevolent and charitable uses of said society ; 
provided nevertheless, that the said corporation or body politic shall not, 
at any one time, hold or possess property, real, personal, or mixed, exceed- 
ing in total value the sum of fifteen thousand dollars. 

3. And be it enacted, That when any parents or guardians, or any 
orphans' court, shall have placed any female child or children in the 
before-mentioned institution, they shall henceforth be under the control 
and management of such persons as the society may have appointed to 
manage their concerns, until they shall think fit to bind them out, which 
they are hereby empowered to do for any term, not exceeding the period 
at which such female child or children shall have completed her or their 
sixteenth year, anything in any law of this State to the contrary notwith- 
standing ; provided, that nothing herein contained be construed to abridge 
the security afforded to such persons by the law concerning apprentices. 

<i. And be it enacted, That the said society, and their successors, by the 
aforesaid name, shall be forever hereafter, able and capable in law to sue 
and be sued, plead and be impleaded, answer and be answered, defend and 
be defended, in all or any courts of justice whatsoever, and also to make, 
have, and use a common seal, and the same to break, alter, and renew at 
pleasure, and also to assemble and meet at such times and places as they 
may agree upon, and, by a majority of the voices of those attending, to 
ordain, establish and put in execution, such by-laws, ordinances, and regu- 
lations, as to them shall seem conducive to the interests of their institution, 



102 LAWS OF MARYLAND ON RELIGIOUS MATTERS. 



and necessary to the good government and orderly management thereof, 
the same not being contrary to the laws of this State, or of the United 
States, and generally to do and execute all such acts, matters, and things, 
as to them shall or may appertain to do. 

5. And be it enacted, That the members of said corporation and their 
successors, may meet together on the first Monday of January next, at the 
City of Baltimore, and on the same day annually forever thereafter, or as 
soon after as may be, and then and there elect the officers of said society, 
and form such rules and regulations, (not contrary to the laws and consti- 
tution of this State, or the United States as aforesaid,) as may be necessary 
for carrying into effect the benevolent purposes of this act. 



1886— Chapter 467. 

An Act to amend the act of November Session 1799, Chapter 44, entitled 
an act to incorporate a society for the maintenance and education of 
poor female children, by the name of the Benevolent Society for the 
city and co'unty of Baltimore. 

Whereas, The Associate Rectors of St. Paul's Parish, in the city and 
county of Baltimore, and their successors and the subscribers and contribu- 
tors to the society, incorporated by the act of November session seventeen 
hundred and ninety-nine, chapter forty-four, were incorporated by said act 
under the name of the Benevolent Society for the city and county of Balti- 
more, for the purposes in said act mentioned ; and 

Whereas, The pecuniary condition of the said corporation so formed is 
such that there is no longer occasion that the said corporation should rely 
upon subscribers and contributors to obtain the means necessary to carry 
into effect the purposes of said society ; and whereas, the number of said 
subscribers and contributors has for this reason become so limited that it is 
necessary and proper to provide other means for the government of said 
society, and for the performance of the duties devolved upon it by said 
act ; therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
Vestry of Saint Paul's Parish, in Baltimore county, hereinbefore referred to, 
shall have power to appoint upon such day as it may designate in each and 
every year, from among the parishioners of St. Paul's Parish, eight Trustees, 
who shall, together with the Rector for the time being, of said Parish, con- 
stitute a Board of Trustees, which shall have and exercise all the powers 
vested in the said The Benevolent Society for the city and county of Balti- 
more, by its original act of incorporation, or by any act amendatory thereof, 
or supplementary thereto, and all the powers vested by law or by the con- 
stitution or by-laws of said corporation in its Board of Trustees ; and the 
members of said Board of Trustees, so appointed in any year, shall hold 
their respective offices and perform the duties thereof until their respective 
successors are elected and qualified. 

Sec. 2. And be it enacted, That this act shall take effect from and after 
the date of its passage. 



LA WS OF MAR YLAND ON RELIGIO US MA TTERS, 103 



1856— Chapter 95. 

An Act to make valid and amend articles of incorporation of the Boys" 
School of St. Paul's Parish, in the city of Baltimore, incorporated under 
the act of eighteen hundred and forty-six, chapter three hundred and 
huenty-three, entitled, "An act to authorize incorporations in certain 
cases." 

Whereas, William E. Wyatt, Thomas Swann, Reverdy Johnson, Jr., Wil- 
liam B. Duvall, William R. Travers, Frederick W. Brune, Jr., William B. 
Perine, Edward W. Wyatt, Benjamin M. Hodges, Jr., Edward W. Blanch- 
ard, and George S. Norris, have heretofore associated themselves, by 
virtue of the act of the General Assembly of Maryland, passed at Decem- 
ber session, eighteen hundred and forty-six, chapter three hundred and 
twenty-three, entitled "An act to authorize incorporations in certain 
cases" for the purpose of constituting themselves a body politic by the 
name of The Boys' School of St. Paul's Parish, having for its object the 
education and moral improvement of poor and helpless boys ; and whereas 
doubts have arisen as to the proper execution of the articles of association 
by which they were incorporated, by reason of two of the parties above 
mentioned not having signed the said articles, and also whether the said 
corporation may receive and hold property beyond the amount mentioned 
in the said act of Assembly ; and whereas the full success of the under- 
taking requires that it should be authorized to receive and hold a larger 
amount of property than is in said act of Assembly mentioned : therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
articles of association of the Boys' School of St. Paul's Parish, in the City 
of Baltimore, notwithstanding any defect or defects in the execution 
thereof, be hereby declared valid to all intents and purposes, so as to con- 
stitute the said body a duly incorporated association under the laws of this 
State, by its corporate name aforesaid, and that said corporation be hereby 
declared capable of receiving, recovering, holding and enjoying all property, 
real, personal or mixed, which may have been heretofore given, devised 
or bequeathed to it, or which it may hereafter acquire by gift, devise, 
bequest or otherwise : Provided, That the amount of property so acquired 
and held shall not exceed the sum of fifty thousand dollars. 

Sec. 2. And be it enacted, That this act shall take effect from and after 
its passage. 

MISCELLANEOUS. 
1784 — Chapter 78. 

An Actio provide a fund for the relief of the Widows and. Children of the 
Clergy of the Protestant Episcopal Church in this State. 

Whereas, it hath been represented to this General Assembly, by the 
Reverend William Smith, Doctor in Divinity, the Reverend William West, 
John Andrews and Thomas John Clagett, that they are a committee 
appointed by and in behalf of the Clergy of the Protestant Episcopal Church 
in this State, (formerly denominated the Church of England,) to solicit an 



104 LA \VS OF MAR YLAXD OX RELIGIOUS MA TTERS. 



act of incorporation to enable the Clergy of the said Church to raise and 
manage a fund for providing small annuities for the distressed widows of 
the said Clergy, and for the education of their children ; and this General 
Assembly are earnestly desirous to promote every pious and charitable 
design for the relief and assistance of the widows and fatherless, and 
especially those of the respectable and useful body of Clergy of all denom- 
inations, who are often obliged, through the uncertainty and scantiness of 
their support in many places, to leave their families in very necessitous 
circumstances ; therefore, 

II. Beit enacted by the General Assemby of Maryland, That the said 
Protestant Episcopal Clergy, namely, William Smith, John Gordon, John 
M'Pherson, William Thompson, Samuel Keene, William West, Walter 
Magowan, John Andrews, Thomas John Clagett, George Goldie, Edward 
Gantt, Francis Lauder, Joseph Messenger, John Bowie, Walter Harrison, 
Thomas Gates, James Wilmer, Hamilton Bell, Francis Walker, John 
Stewart, Samuel Tingly, Leonard Cutting, Ralph Higginbothom, Mason 
Weems and Edward Gantt, Jr., and such other clergymen in the orders 
and communion of .the said Church as may hereafter become residents of 
this State, and shall be contributors to the said funds of the corporation 
herein erected, and as ma)- be admitted into the said corporation by 
a majority of the members thereof for the time being, shall be, and they 
and their successors are hereby declared to be, one community, corpora- 
tion and body politic forever, by the name of The Corporation for the 
Relief of the Widows and Children of the Clergy of the Protestant Epis- 
copal Church in Maryland ; and by the same name they and their suc- 
cessors shall and may have perpetual succession, and shall and may, at all 
times hereafter, be persons able and capable in law to purchase, take, have 
and enjoy, to them and their successors, in fee, or for any less estate or 
estates, any lands, tenements, rents, annuities, pensions and other heredi- 
taments within this State, by the gift, bargain, sale or devise, of any per- 
son or persons, bodies politic and corporate, capable to make the same ; 
and such lands, tenements, rents, annuities, pensions and other heredita- 
ments, or any less estates, rights or interests, of or in the same at their 
pleasure to alien, sell, transfer or lease, in such manner as they may judge 
most conducive for furthering the pious design of this charitable incorpo- 
ration, and according to the nature of such estate as the)- may have in the 
same ; and also that they, and their successors may take and receive any 
sum or sums of money, and any kind, manner, or portion of goods and 
chattels, that may or shall be given, sold or bequeathed, unto them, by any 
person or persons, bodies politic or corporate, capable to make a gift, 
sale or bequest thereof, and to employ the same either in the immediate 
payment of annuities to the widows aforesaid, and other declared purposes 
of this incorporation, or in providing a fund or capital sufficient to produce 
an yearly interest, revenue or income, for answering the good purposes 
of the same; provided, that the clear yearly value of the said capital, 
fund, stock and other hereditaments and real estate of the said corporation, 
do not exceed fifteen thousand Spanish milled dollars of the present current 
weight, namely, seventeen pennyweight and six grains each dollar, above 
all taxes and assessments. 



LA WS OF MAR YLAND ON RELIGIO US MA TTERS. 105 



III. And be it enacted, That the members of the said corporation, and 
their successors, may meet together on the fourth Tuesday in May every 
year, and at such other time or times, and at such place or places within 
this State, and upon such public notice given, as may be fixed and agreed 
upon, for the purpose of forming such rules and regulations as may be 
necessary for answering and carrying into effect the pious purposes of this 
act, provided, such rules and regulations be not repugnant to the consti- 
tution and laws of this State. 

IV. And be it enacted, That the said corporation and their successors, 
by the name aforesaid, shall be forever hereafter able and capable in law to 
sue and be sued, plead and be impleaded, answer and be answered unto, 
defend and be defended in all or any courts of justice, and before all or any 
judges, officers, or other persons whatsoever, in all and singular actions, 
matters and demands whatsoever, and that it shall and may be lawful for 
them and their successors for ever hereafter, to have a common seal for 
their use, and in their affairs and business, and the same at the will and 
pleasure of them, and their successors, to change, alter, break and make 
anew, from time to time as they shall think best, and shall in general have 
and exercise all such rights, franchises, privileges and immunities as by law 
are incident and necessary to corporations of this kind, and which may be 
necessary to the corporation herein and hereby constituted and erected, to 
enable them duly and fully, in the law, to execute all things touching and 
concerning the design and intent of their said incorporation, for the benefit 
succour and relief of the widows of such clergymen in the orders and 
communion of the Protestant Episcopal Church aforesaid, as may or shall 
become contributors to the funds of said corporation, agreeable to such 
rules and by-laws as may be established for the management and payment 
of annuities to the said widows, and for the education of their children, and 
settling them in some useful business or profession. 



1884— Chapter 131. 

An Act to amend and enlarge the powers granted by the act entitled li An 
act to provide a fund for the relief of the widows and children of the 
Clergy of the Protestant Episcopal Church in the State of Maryland " 
passed November session, seventeen hundred and eighty four, chapter 
seventy-eight. 

Whereas, in the period of one hundred years, since the passage of the 
act herein referred to, the number of persons to be benefited by the cor- 
poration thereby created has largely increased, and their needs and neces- 
sities have multiplied in various forms ; and although the ability of the 
corporation to meet those wants has also increased, it yet requires further, 
enlargement and more liberty in the use of its income in order thoroughly 
to accomplish the various charitable purposes that may be subserved 
thereby ; therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
proviso in the act entitled "An act to provide a fund for the relief of the 



106 LAWS OF MARYLAND ON R ELL G 10 US MATTERS. 



widows and children of the clergy of the Protestant Episcopal Church in 
the State of Maryland," passed November session, seventeen hundred 
and eighty-four, chapter seventy-eight, which limits the clean yearly value 
of the capital fund, stock and other hereditaments and real estate of 
the corporation thereby created to a sum not exceeding fifteen thousand 
Spanish milled dollars of the then current weight of seventeen pennyweight 
and six grains, each dollar above all taxes and assessments, be and the 
same is hereby repealed, and the said corporation is hereby authorized to 
hold such funds and other hereditaments and real estate as authorized by 
the act aforesaid, provided that the net income arising from the same shall 
not exceed the sum of fifty thousand dollars per annum. 

Sec. 2. And be it enacted, That it shall be competent for the said cor- 
poration to admit new members by the votes of two-thirds of those mem- 
bers who may be present at any annual meeting of said corporation. 

Sec. o. And be it enacted, That the said corporation be and it is hereby 
authorized at any annual [meeting], by a vote of a majority of the members 
present at that meeting, to distribute any surplus of the preceding year 
remaining after the settlement in full of all expenses and claims upon the 
said corporation for that year to the following objects, in the order named, 
and in such proportion as to it may seem best, unless as herein otherwise 
specified, viz : 

Firstly. The corporation shall always appropriate not less than one- 
fourth of such surplus income as an addition to the invested fund, which 
invested fund, as now existing, and any additions thereto, shall be reserved 
for the purpose of producing income to be used for the purposes of the said 
corporation. 

Secondly. To the payment of the widows and children of deceased 
members, as now authorized under the by-laws of the corporation, to 
receive annuities of such sums in addition to their annuities as their 
respective needs and the amount to be distributed may warrant. 

Sec. 4. And be it enacted, That this act shall take effect from the day 
when an official certificate of its acceptance by the said corporation shall 
be filed with the Secretary of the State of Maryland. 



1821— Chapter 2:J4. 

An Act for the benefit of the Rector of Saint John's Parish, in Harford 
and Baltimore Counties. 

Whereas, it is represented to this General Assembly, by the petition of 
certain persons belonging to the Vestries and Congregations of the new St. 
John's and the Rock Spring Churches, within St. John's Parish, of the Pro- 
testant Episcopal Church, in Baltimore and Harford Counties, praying that 
a law r may pass, authorizing them to hold a tract or parcel of land for the 
use and support of their Minister, and the prayer appearing reasonable — 
therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That it 
shall, and may be lawful, for Edward Day, John B. Bayless and William 



LA WS OF MAR YLAND ON RELIGlO US MA TTERS. 107 



Demmett, of the new St. John's Church Congregation, and John Moores, 
Israel D. Maulsby and George K. Amos, of the Rock Spring Church Con- 
gregation, in the Parish aforesaid, in Baltimore and Harford Counties, in 
trust for the use of the officiating Rector of the said Churches for the time 
being and his successors, he and they being of, and conforming to the rules 
and regulations of, the Protestant Episcopal Church, in the State of Mary- 
land, to hold any tract or tracts, or part of tracts of land, that they, by deed 
of bargain and sale, deed of gift, or by devise, may acquire, not exceeding 
one hundred and fifty acres/ solely for the support of the Rector of the 
Parish in which the said Churches are situate ; and the said Trustees and 
their successors shall have an estate in fee simple in all such lands not 
exceeding one hundred and fifty acres as aforesaid, as they or their suc- 
cessors shall acquire a legal title to, as aforesaid. 

And be it enacted, That the said Trustees shall, from time to time, fill up 
vacancies that may happen in their Board, by death, resignation, or other- 
wise, so as to keep up the number of six, three from each Congregation ; 
and the said Trustees shall, in case the Parish may at any time be without 
a Rector, take care of all such lands as they may acquire, and shall not suffer 
any waste or trespass to be committed thereon until another Rector can be 
got. 

3. And be it enacted, That the Vestry of the aforesaid Parish, and the 
Rector thereof, shali in all cases, be governed by the act, entitled " An Act 
for the establishment of Vestries for each Parish in this State," passed at 
November session, seventeen hundred and ninety-eight. 

4. And be it enacted, That it shall not be lawful for the Vestrymen of 
the new St. John's and the Rock Spring Churches, within St. John's Parish 
of the Protestant Episcopal Church, in Harford and Baltimore Counties, to 
choose more than one Minister to officiate in the two said Churches at any 
one time, anything in any law to the contrary notwithstanding. 



1822— Chapter 4. 

An Act to provide for the Election of a Vestry to Saint John 's Church, in 
Queen Caroline Parish, in Anne Arundel County. 

Sec. 2. And be it enacted, That after the first election of a Vestry to 
said Church, a new Vestry shall be annually, after Easter Monday in the 
year eighteen hundred and twenty-three, elected therefor, by the free 
white citizens twenty-one years of age, professing themselves members of 
said Church, and holding a pew or half a pew therein ; which said elections 
shall be made at the times, and in the manner that the elections of the 
Vestries of other Protestant Episcopal Churches in this State are made. 

3. And be it enacted, That the Vestry to be elected to the 'said St. John's 
Church shall have and enjoy every right, power, privilege, and indulgence 
that is given or granted to or enjoyed by other Vestries of the Protestant 
Episcopal Churches within this State. 



108 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



HANNAH MORE ACADEMY. 
1837— Chapter 180. 

An Act to incorporate the Trustees of the Hannah More Academy, in 

Baltimore CountyX 

Whereas, Mrs. Ann Neilson, late of Baltimore county, deceased, animated 
by the pure spirit of Christian benevolence, and a desire to promote the 
religious education of poor female children, did, by her last will and testa- 
ment, bearing date the fifteenth day of March, eighteen hundred and 
thirty-two, and recorded in the office of the Register of Wills of Baltimore 
county, devise to Washington Vanbibber and George L. Vanbibber, and 
the survivor of them, and the heirs of such survivor, two lots or parcels of 
ground in the said county, in trust, for the purpose of establishing a female 
seminary, to be called, as directed by the codicil to said will, "The 
Hannah More Academy ; " and did also bequeath to the said Washington 
Vanbibber the sum of ten thousand dollars, in trust, for the same object ; 
six thousand dollars, part thereof, to be expended in the erection of a 
suitable dwelling and out-houses and other necessary improvements, and 
the remaining four thousand dollars to be safely invested, and the interest 
thereof to be applied to the education of little girls as directed in the said 
will, and for the purpose of more effectually promoting the interests of the 
said institution, did, by her said will, nominate and appoint the Rev. J. P. 
K. Henshaw, the Rev. John Johns, Clotworthy Birnie, Sr., Roger Birnie, 
Washington Vanbibber, and George L. Vanbibber to be trustees, with full 
power and authority to regulate and superintend the affairs and interests 
of the said Academy, with power to fill any vacancies arising from death, 
refusal to act, resignation, or removal to a distance of any of the said 
trustees ; a/so, whereas, it is represented by the trustees of said Academy 
that the necessary buildings have been erected according to the directions 
of the said testatrix, and the said Academy has been for some years in 
successful operation, and that the benevolent designs of the pious founder 
will be more effectually secured by granting an act of incorporation : — 
Therefore, 

Sec. 1. Be it enacted by the General Assembly of Maryland, That the 
Reverend J. P. K. Henshaw, D. 1)., the Rev. John Johns, D. D., the Rev. 
Charles C. Austin, Clotworthy Birnie, Sr., Washington Vanbibber, and 
Franklin Anderson, the present trustees of the said Academy, and their 
successors to be chosen as hereinafter mentioned, shall be, and are hereby, 
created and declared to be a body politic and corporate, by the name, 
style, and title of " The Trustees of the Hannah More Academy ; " and by 
the same name shall have perpetual succession, and shall be capable in law 
and equity to sue and be sued, plead and be impleaded, in any court of 
law or equity in this State or elsewhere, and to have a common seal, and 
to perform all such acts, and make such by-laws, rules, and regulations, 
consistent with the laws of this State and the intentions of the said testa- 
trix, as declared in her said last will and testament, as may appear to be 

1. See Resolutions of Convention relating to Hannah More Academy,^. 55. 



LA JVS OF MAR YLAND ON RELIGIOUS MA TTERS. 



109 



necessary or convenient for managing the concerns of the said corporation, 
and for fully exercising and carrying into effect the powers granted by this 
act. 

Sec. 2. And be it enacted, That in case of a vacancy happening among 
the said trustees by death, refusal to act, resignation or removal to remote 
situations, so as to render it inconvenient to them to attend to the perform- 
ance of the duties of the trust, the same shall be filled by a majority of the 
remaining trustees, so as to keep up the number of six trustees forever. 

Sec. 3. And be it enacted, That it may be lawful for the said Trustees 
of the Hannah More Academy and their successors, to receive from the 
said Washington Vanbibber and George L. Vanbibber a conveyance and 
assignment of the property, real and personal, devised to them, in trust as 
aforesaid, and to hold and use the same for the purposes of the said corpo- 
ration, and also receive and hold, for the same purpose, any other estate, 
in lands, tenements, hereditaments, goods, chattels, moneys, or effects that 
may be given, granted, or bequeathed to them by any other person or 
persons whatsoever; provided, the same do not in the whole exceed the 
yearly value or sum of five thousand dollars, and to invest the funds of the 
said corporation, and to change such investments from time to time as they 
may think proper. 

Sec. 4. And be it enacted, That nothing in this act contained shall 
prejudice the rights of the heirs-at-law of the said Ann Neilson. 



1874 — Chapter 15. 

An act supplementary to the act to incorporate the Hannah More Academy 
of Baltimore County, passed at December session, 1837, Chapter 189. 

Whereas, by resolution of the Diocesan Convention of the Protestant 
Episcopal Church of the Diocese of Maryland, passed on the twenty-eighth 
of May, 1873, the said Hannah More Academy was accepted and received 
as the Dioce"san School for Girls ; and whereas the said Convention, deem- 
ing it expedient that the present number of the Board of Trustees should 
be increased, and that the appointment of such additional Trustees, as 
well as the successors of the Board of Trustees hereafter to be appointed, 
should be made by said Diocesan Convention, did name three additional 
Trustees, the Rt. Rev. William Pinkney, D. D., Samuel G. Wyman, and 
William W. Corcoran ; and whereas such resolutions were passed upon the 
application, and with the unanimous consent of the present Board of Trus- 
tees of said Hannah More Academy : Therefore, 

S-EC. 1. Be it enacted by the General Assembly of Maryland, That the 
said Rt. Rev. William Pinkney, D. D., Samuel G. Wyman, and William W. 
Corcoran be, and they are hereby, added as Trustees to the present Board 
of Trustees of the Hannah More Academy, and so that on the acceptance 
of this act by the present Board of Trustees it shall thereafter consist of the 
following persons : The Rt. Rev. W. R. Whittingham, D. D., the Rt. Rev. 
William Pinkney, D. D. ; the Rt. Rev. Arthur J. Rich, M. D. ; W.Chew Van 
Bibber, M. D. ; Tltomas E. Van Bibber, Hon. Wm. P. Maulsby, William 



110 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



S. Keech, Samuel G. Wyman, and William W. Corcoran, who and their 
successors shall thereafter be the body corporate known as "the Trustees 
of the Hannah More Academy," and shall have and exercise all the rights 
and powers conferred on the Trustees named in the act to which this is a 
supplement or enjoyed by the present Board of Trustees. 

Sec. 2. And be it enacted, That the Bishop of the Protestant Episcopal 
Church in the Diocese of Maryland, and the Assistant Bishop thereof, if 
there be one, shall be ex officio members of the Board of Trustees of said 
Academy, and there shall be, in addition to such Bishop and Assistant 
Bishop, if there be one, seven other Trustees, or if there be no Assistant 
Bishop of said Diocese, eight other Trustees, who, with their successors, 
shall be elected or appointed by the said Convention in such manner as it 
shall prescribe, so as best to perpetuate the succession of the Trustees, to 
further the interests of the Academy and secure the benevolent designs of 
its founder. 

Sec. 3. And be it enacted, That all parts of the act to which this is a 
supplement inconsistent herewith be, and the same are hereby, repealed. 

Sec. 4. And be it enacted, That this act shall take effect as soon as it 
shall be accepted by the present Board of Trustees of the Hannah More 
Academy. 



BALTIMORE CITY PROTESTANT EPISCOPAL MISSIONARY 

COMMITTEE. 

Articles of Association, May 10, 1859. 

Whereas, by an act of the General Assembly of Maryland, passed at 
December Session 1846, Chapter 323, it is, among other things, enacted, 
that power and authority is thereby granted to any individuals, other than 
free negroes and mulattoes, in any city or county of this State, under any 
name by them assumed, to associate for the purposes therein^mentioned, 
and among others for charitable and religious purposes, and being so asso- 
ciated shall, on complying with the provisions of that act be considered a 
body politic and corporate : 

And whereas, among the provisions of that act, it is enacted that, in order 
that any Association may have the benefit thereof, Articles of Association 
shall be entered into and signed by the members originating the same, and 
recorded ; 

And whereas, also the City Committee of Missions in Baltimore, con- 
nected with the Protestant Episcopal Church, was instituted for charitable 
and religious purposes ; and it is desirable that it should have the power of 
holding real estate and doing corporate acts : 

Now know all men by these presents, that we, the undersigned, free 
white citizens of the State of Maryland, and members of the said Com- 
mittee, have associated and do hereby associate for the religious and 
charitable purpose of purchasing, building, holding and maintaining free 
churches and mission school-houses, to be used for worship and instruction 



LA WS OF MAR YLAND ON RELIGIO US MA TIERS. Ill 



according to the doctrine, discipline and worship of the Protestant Epis- 
copal Church in the United States of America, and for that purpose have 
entered into and signed these Articles of Association. 

Article I. The name of the Association, which is hereby assumed, shall 
be the Baltimore City Protestant Episcopal Missionary Commit- 
tee. 

Article II. The object of the Association shall be the purchasing, build- 
ing, holding and maintaining free churches and mission school-houses, and 
holding lands, whereon the)- are or may be erected, in connection with 
the Protestant Episcopal Church aforesaid, in the City of Baltimore. 

Article III. The Association shall confine itself strictly to the objects 
hereinbefore set forth, and shall, on no account, engage in any operations 
for the accumulation of capital, with a view to profits and dividends for 
gain. 

Article IV. Every person who is, or hereafter may be, a member of the 
Committee of Missions referred to in the preamble, or of any organization 
which the Convention of the Protestant Episcopal Church in the Diocese 
of Maryland, or in any other Diocese within the limits of which the City of 
Baltimore may be included, may substitute for that Committee, shall, dur- 
ing his membership of such Committee or organization, be a member of the 
Association. 

Article V. The affairs of this Association shall be conducted by five 
Trustees to be chosen by the members thereof, at such times and in ^such 
manner as the Association may from time to time appoint. 



1860— Chapter 209. 

An act entitled an act for the benefit of the Baltimore City Protesta?it 
Episcopal Missionary Committee. 

Whereas, the Baltimore City Protestant Episcopal Missionary Committee 
have associated for the religious and charitable purpose of purchasing, 
building, holding and maintaining free churches and mission school-houses, 
to be used for worship and instruction according to the doctrine, discipline 
and worship of the Protestant Episcopal Church in the United States of 
America, and have become incorporated under the provisions of an act of 
the General Assembly of this State, passed at December session in the year 
eighteen hundred and forty-six, chapter three hundred and twenty-three ; 
and whereas, the provisions of that act limit the value of the property 
which may be held by associations incorporated under the same to an 
amount too small to answer the purpose of said corporation. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That it 
shall be lawful for the Baltimore City Protestant Episcopal Missionary 
Committee, to acquire and hold property, whether real, personal or 
mixed, to the value of one hundred thousand dollars. 

Sec. 2. And be it enacted, That this act shall take effect from and after 
its passage. 



112 LA JVS OF MAR YLAND ON RELIGIO US MA TTERS. 



REPEALED ACTS. 

Note.— The three following acts are repealed by the Act of 1868, chap. 471, [art. 23 of Code of 
1888,] but they are reprinted here because they are the foundation of the incorporation of our 
separate Congregations, and of some of our benevolent institutions. The rights and privileges 
of these Churches and institutions are saved by the third section of the first Article of the 
Code, notwithstanding the repeal of the acts under which they were acquired. 

1802— Chapter 111. 

An act to incorporate certain persons in every Christian Church or Con- 
gregation in this State. 

Whereas, petitions from many religious societies have annually been 
preferred to this Legislature, and many are now before them, praying acts 
of incorporation, and it is reasonable and proper that all denominations of 
Christians within this State, whose members conduct themselves in a 
peaceable and orderly manner, should receive and enjoy equal rights and 
privileges, without partiality, preference, or distinction, in all things con- 
cerning the temporalities and government of their churches, congregations 
and societies : And whereas also, it is necessary to their welfare that they 
should be empowered to hold and acquire certain portions of property in a 
corporate or congregational capacity, and enter into various engagements 
of a civil or temporal nature, which can only be done by assistance of the 
General Assembly, which assistance may nevertheless be rightfully granted 
without disturbing private opinions, or affecting the rights of judgment in 
matters of religion, or imposing an involuntary burthen on any person 
whatsoever: And whereas it is most convenient to make provisions for 
their respective situations by a general law which shall reach their several 
exigencies in affairs of a temporal or civil nature, as far as a difference of 
circumstances will admit ; the General Assembly having therefore taken 
the premises into serious consideration, and conceiving themselves indis- 
pensably bound to secure and preserve the same quality of rights, privileges 
and advantages to all quiet and inoffensive Christian societies in this State, 
without any exception, whereby religion may be encouraged and diffused, 
and peace, order and universal tranquality prevail, have agreed to enact. 

II. And be it enacted,^- That in every Christian church, or society or 
congregation, of whatsoever sect, order or denomination, now known, or 
which shall at any time hereafter be known and acknowledged in this 
State, and protected in the free and full exercise of their religion by the 
constitution and laws of the same, there shall be and remain sufficient 
power and authority in all the male persons above twenty-one years of age 
belonging to any such church, society or congregation, to elect, at their 
discretion, certain sober and discreet persons, not less than five nor more 
than thirteen, which persons, so elected, shall be and are hereby, consti- 
tuted a body politic or corporate, upon being registered as hereinafter 
directed, to act as trustees, in the name and behalf of the particular church, 
society, or congregation, for which they are respectively chosen, and to 
manage the estate, property, interest and inheritance of the same, in the 
most upright and careful manner, and shall, moreover have perpetual suc- 
cession in law, fact and name, as hereinafter prescribed, and shall, by their 
name of incorporation, have full power and lawful authority to sue and to be 
sued, to implead and to be impleaded, to answer and to be answered unto, 
in any court or courts of law or equity within this State, before any judge 
or judges, justice or justices, in all manner of suits and pleas whatever, 
and of what nature or kind soever such suits, pleas, or actions may be, in 
as full and effectual a manner as any other person or persons, bodies politic 
or corporate, may or can do. 



1. See Act to confirm this Act, November Session, 1809, c. 139. 



LA WS OF MAR YLAND ON kELIGIO US MA TTERS. 113 



III. And be it enacted, That every such body politic shall be chosen, 
and the succession kept up at such times and places as are ordinarily used 
for public meetings of the said church, society, or congregation, and by 
such persons as are allowed to have a voice in the management and direc- 
tion of congregational or temporal concerns, according to the known custom 
and usage of their respective denominations ; or the said body politic or 
corporate shall be chosen, and the succession kept up according to the 
rules, regulations, and practice, that may have been heretofore adopted 
and used, or that shall be at the first time of electing adopted and agreed 
upon, by any particular church, society, or congregation, for ordering, 
directing, or managing, their congregational or temporal concerns ; pro- 
vided always, that every trustee or member of any corporation aforesaid 
shall be of the same religious sect or denomination with the church, society, 
or congregation, by which he is chosen- to this trust; and provided also, 
that the Minister for the time being, or senior Minister, where there are 
more than one settled in any church, society, or congregation, shall always, 
in virtue of his ministry, be a member of the body politic or corporate 
belonging to the same, exclusive of the number heretofore prescribed. 

IV. And be it enacted, That in case any debate shall arise in any 
church, society, or congregation, about the right of voting, or whether the 
election aforesaid hath been fairly conducted, agreeably to the true intent 
and meaning of this act, the parties contending shall each of them choose 
one discreet and reputable person from amongst the members or trustees 
of some neighboring church, society, or congregation, of the same religious 
persuasion, if any such there be, and if none such, then of any other 
Christian society, which two persons shall choose a third, qualified in like 
manner, and the said three persons shall meet at the place where the 
difference has arisen, and hear and determine upon the matter, and their 
judgment or award, or the judgment or award of a majority of them, certi- 
fied" under their hands and seals to the contending parties, shall be final. 

V. And be it enacted, That at the first election or appointment of every 
body politic or corporate aforesaid, every church, society, or congregation 
assembled as already directed, shall determine and fix on their plan, agree- 
ment, or regulation, mentioning and specifying distinctly the time and 
manner of electing trustees, and the manner in which the succession shall 
be perpetuated, and containing an exact description of the qualifications 
of the persons severally electing and elected, and to elect and to be elected 
thereafter, and also the name, style, or title of the corporation, by which it 
shall be thereafter called, distinguished, and known, and the name of the 
church, society, or congregation choosing the same, which said plan, 
agreement, or regulation, shall be entered in the book hereinafter directed 
to be kept by every the said body politic or corporate, and the same shall 
be acknowledged by the said trustees or a majority of them, before and 
certified by, any two justices of the peace for the county in which the said 
church, society, or congregation, or the greatest number of them shall reside, 
or the same shall be acknowledged before, and certified by, one of the 
Judges of the General Court, after being well assured by the said trustees, 
or a majority of them, that the proceedings have been legally and duly con- 
ducted ; and the said plan or agreement so acknowledged and certified, 
shall be filed by the said trustees with the clerk of the County Court where 
the said church, society, or congregation, or the greater part of them shall 
reside, within six months after such acknowledgment shall be made, and 
the same shall be recorded in a book to be provided for these special pur- 
poses, at the expense of the several corporations in that county whose pro- 
ceedings shall be so recorded, and a copy of the said proceedings from the 
records thereof, under the hand of the clerk and the public seal of his office, 
shall be of the same force and effect, in every court of law and equity within 
this State as the original proceedings would be if the same were produced in 
Court ; and if any future change or alteration shall be made in the original 
plan by authority of the congregation as aforesaid, such change or altera- 
tion shall in the same manner be made known and recorded ; and the said 

6 



114 LA WS OF MAR YLAND OX RELIGIOUS MA TTERS. 



clerk shall be entitled to such fees for his services as are allowed by law 
for services of the like nature in matters belonging to his office. 

VI. And be it enacted, That every corporation or body politic aforesaid 
respectively, and their successors, or the majority of them, by their name 
of incorporation aforesaid, shall have full power and authority to hold and 
use one common seal, to appoint the times and places of their meetings, 
and the number necessary to constitute a quorum, and shall moreover pro- 
vide and keep a good and sufficient record book, and cause to be therein 
registered a fair account of all the proceedings ; subject at all times to the 
inspection of the several members of the church, society, or congregation, 
i# whose behalf the same are respectively entered, and the same shall be 
laid before a public meeting, when thereunto required by any five or more 
of the same ; and the said trustees, or a majority of them, shall have full 
power and authority to frame such rules and ordinances for conducting 
their concerns as may be necessary and convenient for accomplishing the 
end of their institution ; provided always, that nothing therein contained 
shall be repugnant to, but perfectly consistent with, the constitution and 
laws of this State. 

VII. And be it enacted, That all and every of the said corporations or 
trustees and their successors, by their respective names or titles, shall be 
vested with an estate in fee-simple in any land or parcel of ground not 
exceeding two acres, and also in every chapel, meeting-house, or other 
house of worship belonging to or in the use of the particular church, 
society, or congregation for w r hich they are respectively chosen as a body 
politic or corporate ; and shall also, by their respective names or titles, 
have absolute property in all books, plate or other ornaments, and all 
goods and chattels belonging to the said church, society or congregation, 
whether the same have been given, granted, or devised directly to the said 
church, society or congregation, or to any person in trust for them ; provided 
that the person or persons holding lands or goods and chattels in trust for 
any particular church or society as aforesaid shall voluntarily make over 
by indenture proper for that purpose to the trustees or body corporate of 
such particular church or society such lands or chattels for the use and 
benefit of such church, society or congregation. 

VIII. And be it enacted, That all and every the said corporation or 
trustees established or to be established in virtue of this act, and their suc- 
cessors, shall be capable in law to purchase and hold in fee-simple, a 
quantity of land, not exceeding two acres for the use of any one church, 
society or congregation, by gift or grant of any person or persons or bodies 
politic, capable in law to make the same, provided such gift or grant be made 
by indenture, duly executed and recorded agreeably to law, and in no other 
manner whatever ; and also that every the said body corporate, and their 
successors, or a majority of them, severally, by their respective names, may 
take and receive any sum or sums of money, any kind, manner, or portion, 
of goods and chattels that shall be sold or given to them as aforesaid by 
an)- person or persons, bodies politic or corporate, capable in law to make 
a gift or sale thereof, and employ the same for the benefit and use of the 
particular church, society or congregation whereunto they respectively 
belong as a body politic or corporate ; provided, that all and every gift, 
grant, bargain, sale, or deed of transfer, made by any person or persons, 
and not intended to take effect and vest in any religious bod)' or corpora- 
tion during the life of the giver, grantor or seller, but to become their right 
and property after his, her, or their decease, shall be utterly null, void, 
and of no effect ; and provided also, that the clear yearly value of the 
estates, rents annuities, or other hereditaments of any church, society or 
congregation thus incorporated shall not amount to more than the clear 
yearly value of two thousand dollars, and all gifts, grants, sales and trans- 
fers to any the said corporations, or their successors, after the clear yearly 
value of their estate shall amount to two thousand dollars, and all bargains 
and purchases to be made by any of them which may increase the yearly 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 115 



value of the said estates above and beyond the standard here fixed, shall be 
utterly null, void, and of no effect. 1 

IX. And be it enacted, That the limitations in point of annual value afore- 
said, shall not be understood to affect the estate, property, interest, or in- 
heritance, or the income arising therefrom, which any Christian church, 
congregation, or society, may be in possession of at the time of passing 
this act. 

X. And whereas, it is necessary for the greater effect of the preaching 
of the Gospel, that men should be permitted to employ, and sit under the 
teachings of, those whom they find or esteem most capable of instructing 
them, and enforcing the precepts of religious truth, in whose character and 
faithfulness they have most confidence : therefore, Be it enacted, That 
where any number of persons, belonging to any church or congregation 
sufficient to build a church or house of worship, and to maintain a minister, 
shall choose to separate from the church or congregation of which they 
have hitherto been a part, and to erect a house of worship, and to employ a 
minister for themselves, it shall be lawful for them so to do, and they shall, 
by their respective name or style, be entitled to all the benefits of this act 
as aforesaid, anything in the act for the establishment of vestries for each 
parish in this State to the contrary notwithstanding, provided only, that all 
arrears, debts, and engagements contracted, due, or becoming due, while 
members of the former society, shall be punctually and faithfully discharged. 

XI. And be it enacted, That so much of the act for the establishment of 
vestries for each parish in this State as confers the powers of civil officers 
of the peace upon churchwardens, be, and the same are hereby, declared 
null and void. 

XII. And be it enacted, That this act shall not repeal any part of the 
act for the establishment of vestries for each parish in this State, except so 
far as the same is inconsistent with the tenth and eleventh sections of this 
act. 

XIII. And be it enacted, That nothing herein contained shall be construed, 
adjudged or taken, to abridge or affect the rights of conscience or private 
judgment, or in the least to alter or change the religious constitution or 
government of any church, congregation or society, so far as respects, or 
in any wise concerns, doctrine, discipline or worship. 



1815— Chapter 222. 

A supplement to the Act entitled an Act to incorporate certain persons in 
every Christian Church or Congregation in this State. 

Sec. 1. Be it enacted by the General Assembly of Maryland, That every 
Christian church, or society, or congregation, that is now, or shall hereafter 
be, incorporated in virtue of the act entitled an act to incorporate certain 
persons in every Christian church or congregation in this State, passed at 
November session, eighteen hundred and two, to which this is a supple- 
ment, and their successors, shall and may have perpetual succession, and 
shall and may at all times hereafter be persons able and capable in law to 
purchase, take, and hold to them and their successors, in fee, or for any 
less estate or estates, any lands, tenements, hereditaments, rents, or annui- 
ties within this State, by the gift, bargain, sale, or devise of any person or 
persons, bodies politic, and corporate, capable of making the same, and 
such lands, tenements, or hereditaments, to rent or lease in such a manner 
as they may judge most conducive to the interest of their respective / 
churches, societies, and congregations, and also to take and receive any 
sum or sums of money, and any kind of goods and chattels which may or 
shall be given, sold, or bequeathed unto them by any person or persons, 

1. See Act 1815, c. 222. 



110 LA WS OF MAR YLAXD OX RELIGIOUS MA TTERS. 



bodies politic or corporate, capable to make a gift, sale, or bequest 
thereof, and to apply the same for the use of their respective churches, 
- societies, or congregation, as effectually as the same could be applied by 
'*the' Vestry of the Protestant Episcopal Church of this State, to their re- 
spective Parishes, in virtue of the act passed at November session, seven- 
teen hundred and ninety-eight, chapter twenty-four : Provided, That the 
clear yearly value of the estate of any church, society, or congregation, 
(exclusive of the rents of pews, collections in churches, funeral charges, and 
theiike,) shall not exceed the clear yearly value allowed to any Vestry of 
the Protestant Episcopal Church of this State, in virtue of the act of seven- 
teen "hundred and ninety-eight, chapter twenty-four, aforesaid. 

'%.- J :Aiid be it enacted, That so much of the original act to which this is a 
supplement, as is repugnant to, or inconsistent with this act, be, and the 
sa'me is' hereby, repealed. 



1846— Chapter 323. 

An Act to authorize Incorporations in certain cases. 

' Sec. 1. Be it enacted by the General Assembly of Maryland, That from 
and after the passage of this act, the power and authority is hereby granted 
to any individuals, other than free negroes and mulattoes, in any city or 
county in this State, under any name by them assumed, to associate for 
/th^purpo^e of establishing lyceums, libraries, masonic or other lodges, fire 
'cbmp^hieV," associations for literary, dramatic, moral, social, charitable, 
and religious purposes, or connected with the promotion of arts and sciences; 
and "being so associated, shall, on complying with the provisions of this act, 
be considered a body politic and corporate ; may choose a president and 
other' ' bffitiers ; may enact by-laws for the regulation of the affairs of such 
cofpo'rattorf riot inconsistent with the laws of this State, and compel due 
observance thereof by suitable penalties ; may sue and be sued, answer 
and be answered, in any court of law or equity, and do all acts necessary 
and proper for the well ordering of the affairs of such corporation ; provided 
however, that before any such association shall be entitled to the privileges 
of this act, they shall lodge with the clerk of the county wherein such cor- 
poration is designed to act, a copy of their articles of association, signed 
by the members originating the same, to be by him recorded ; provided 
also, that this act may at any time be altered and repealed by the General 
Assembly. 

Sec, '-3. And. be it enacted, That the privileges of this act shall not be ex- 
tended to joint stock companies formed for the purpose of banking, trading, 
mining, .manufacturing, or to associations intended for the accumulation of 
capital, with a yiew; : to,, profits and dividends for gains ; which shall remain 
as heretofore^ subject to the special action of the Legislature. 
c Sec. A~nd,fcejt f enacted, That the property, real or personal, or capital 
stock of every such corporation contemplated by this act, shall in no case 
exceed the sum of ten, thousand dollars ; and it shall not be lawful for the 
.said corporation to direct its operations or appropriate its funds to any other 
than the purpose distinctly and definitely expressed in the articles of asso- 
ciation,, and no, increase of the capital, or funds of any such corporation, 
beyond ,said sum shall be lawful, but by application to and consent of the 
Legislature ;, otherwise^ such increase shall operate as a dissolution of said 
corporation's to all the privileges herein granted. 



CODE OF MARYLAND OF 1888. 

PUBLIC GENERAL LAWS. 



ARTICLE XXIII. CORPORATIONS. 

14. Corporations may be formed in this State under the provisions 
hereinafter set forth, by any five or more persons, citizens of the United 
States and a majority of them citizens of this State, or, if unnaturalized, 
residents of this State, making oath that they bona fide intend to become 
citizens of the United States without unreasonable delay, who may desire 
to form a body corporate or politic for any of the following purposes : 

Class 1. For the creation and maintenance of educational, moral, scien- 
tific, literary, dramatic, musical, social, benevolent, or beneficial societies 
or associations of all descriptions ; of religious or charitable societies or 
associations, fire engines and hose companies, and of uniformed volunteer 
companies, of universities, colleges, academies, hospitals or asylums : 
Provided such corporations are located in this State, and that the property 
which they possess or acquire is located therein, but corporations formed 
for the creation and maintenance of educational associations, universities, 
colleges, academies, hospitals or asylums, may take and hold any property, 
real or personal, situate out of this State, which may be given, devised or 
bequeathed to said corporations, and may hold, use or sell and convey the 
same, or may deal with it in any manner not inconsistent with law.l 

42. Any five or more persons, citizens of the United States and a 
majority of them citizens of this State, who may desire to form a corpora- 
tion for any of the purposes hereinbefore referred to, shall make, sign, seal 
and acknowledge before some officer competent to take the acknowledg- 
ment of deeds a certificate in writing, in which shall be stated ; 1. The 
names in full and place of residence of the applicants ; 2. The proposed 
corporate name of the corporation, which shall always include the name of 
the county or city in which it may be formed ; 3. The objects or purposes 
for which incorporation is sought, the time of its existence, not to exceed 
forty, years, and the articles, conditions, and provisions under which the 
incorporation is formed ;2 * * * 4. The place or places where the 
operations of the corporation are to be carried on, and the place in this 
State in which the principal office of the corporation will be located ; 5. 
The amount of capital stock (if any) of the corporation ; 6. The number 
of shares of stock, (if any,) and the amount of each share ; 7. The number 
of trustees, directors, or managers and their names, who shall manage the 
concerns of the corporation for the first year. 



1. Last clause of proviso added, 1890, c. 339 . 3. See Act of 1894, c. 557. 



118 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



43. When said certificate is executed it shall be the duty of the persons 
executing the same to submit it to one of the judges of the judicial circuit 
within which the principal or an)* other office of said corporation is, under 
said certificate, to be located, if it shall be located in one of the counties in 
this State, or to one of the judges of the supreme bench of Baltimore city, 
if the principal office of said corporation shall be located in Baltimore city, 
in order that the said judge may determine whether the said certificate is 
in conformity with the law ; and such determination, when certified by the 
said judge as required by the next succeeding section, shall be conclusive 
evidence that such certificate does conform to the law. 

44. If the said judge shall so determine he shall certify his said deter- 
mination upon the said certificate, which shall thereupon be recorded in the 
office of the clerk of the circuit court for the county in which the principal 
office of said corporation shall by the terms of said certificate, be located, 
if it shall be located in one of the counties of this State, or in the office of 
the clerk of the superior court of Baltimore city if the principal office of 
said corporation shall be located therein ; and the said certificate shall be 
recorded in a book provided for that special purpose. 

45. When the said certificate shall have been recorded the persons who 
have signed and acknowledged the same and their successors shall, accord- 
ing to the objects, purposes, articles, conditions, and provisions in said 
instrument contained, become and be a body politic and corporate, in fact 
and in law, by the name stated in such certificate. 

46. A copy of such certificate, or of any amendments thereto, or of any 
paper relating to corporations, which is required bylaw to be recorded, 
when certified to be a true copy by the clerk of the court in whose office the 
same is recorded, under the seal of his office, shall be evidence in all legal 
proceedings, and in all the courts of this State. 

205. In every church, religious society or congregation, of whatever sect, 
order or denomination, or which shall at any time hereafter be known or 
acknowledged in the State, and protected in the free and full exercise of 
its religion by the constitution and laws thereof, there shall be sufficient 
power and authority in all persons above twenty-one years of age, belong- 
ing to any such church, society or congregation, to elect, at their discretion, 
certain sober and discreet persons, not less than four nor more than twelve, 
which persons so elected, upon being registered as hereinafter directed, 
shall be constituted a body politic or corporate to act as trustees in the name 
and behalf of the particular church, society or congregation for which they 
are respectively chosen, and to manage the estate, property, interest and 
inheritance of the same. 

206. The trustees so elected shall have perpetual succession by their 
name of incorporation, and shall be capable in law to purchase, take and 
hold to them and their successors in fee, or for a less estate, any lands, 
tenements or hereditaments, rents or annuities, goods or chattels within 
this State, by the gift, bargain, sale, or devise of any person, body politic 
or corporate, capable of making the same, and to use or lease, mortgage 
or sell and convey the same in such manner as they may judge most con- 
ducive to the interest of their respective churches, societies, or congrega- 



LA WS OF MAR YLAND ON RELIGIO US MA TTERS. 119 



tions ; Provided, that nothing herein shall authorize any sale, mortgage or 
other disposition of any property held by such corporation, under any 
instrument prohibiting such sale ; and provided the clear yearly income 
from the estate of any church, society or congregation, exclusive of the 
rents of pews, collections in churches, funeral charges and the like, shall 
not exceed the yearly sum of twenty thousand dollars. 

207. Every such body politic shall be chosen, and the succession kept up 
at such times and places as are ordinarily used for public meetings of the 
said church, society or congregation, and by such persons as are allowed 
to have a voice in the management and direction of congregational or tem- 
poral concerns, according to the known custom and usage of their respective 
denominations ; or the said body politic or corporate shall be chosen and 
the succession kept up according to the rules, regulations and practice that 
may have been heretofore adopted and agreed upon, or that shall be, at the 
first time of electing, agreed upon and adopted by any particular church, 
society or congregation for directing or managing their congregational or 
temporal affairs. 

208. The minister, for the time being, or senior minister, where there 
are more than one settled in any church, society or congregation, shall 
always, in virtue of his ministry, be a member of the body politic or cor- 
porate belonging to the same, exclusive of the number heretofore prescribed 
in section 205. 

209. If any contest shall arise in any church, society or congregation, 
about the right of voting, or whether the election has been fairly conducted 
agreeably to the true intent and meaning of this article, the parties con- 
tending shall each of them choose one discreet and reputable person from 
amongst the members or trustees of some neighboring congregation or 
society of the same religious persuasion, if any such there be, and if none 
such, then of any other religious society, which two persons shall choose 
a third, qualified in like manner, and the said three persons shall meet at 
the place where the difference has arisen, and hear and determine upon 
the matter ; and their judgment and award, or the judgment or award of a 
majority of them, certified under their hands and seals to the contending 
parties, shall be final. 

210. At the first election or appointment of every body politic or cor- 
porate aforesaid, every church, society or corporation assembled as already 
directed, shall determine on their plan, agreement or regulation, specifying 
distinctly the time and manner of electing trustees, and the manner in which 
the succession shall be perpetuated, and containing an exact description 
of the qualifications of the persons severally electing and elected, and to 
elect and to be elected thereafter, and also the name, style or title of the 
corporation by which it shall thereafter be known, and the name of the 
church, society or congregation choosing the same. 

211. The said plan, agreement or regulation shall be entered in the 
book hereinafter required by section 214, to be kept by every such corpo- 
ration, and the same shall be acknowledged by the trustees, or a majority 
of them, before a justice of the peace, a notary public, or a judge of the 
circuit court in the counties, or a judge of the supreme bench of Baltimore 



120 LA WS OF MAR YLAXD OX RELIGIOUS MA TTERS. 



City ; and such justice, notary, or judge shall append to said instrument 
a certificate of such acknowledgment, and in all cases where through inad- 
vertence or mistake, such plan, agreement, or regulation has been hereto- 
fore acknowledged before one justice of the peace instead of two, such 
acknowledgment shall be and is hereby made, to all intents and purposes, 
good and sufficient for the incorporation of the church, society or congre- 
gation named therein. 1 

212. The plan or agreement, so acknowledged and certified, shall be 
filed by the said trustees with the clerk of the circuit court for the county 
where the said church, society or congregation, or the greater part of the 
members thereof reside, or the clerk of the superior court of Baltimore City, 
if they, or the greater part of the members reside in the City of Baltimore, 
within six months after such acknowledgment shall be made ; and the same 
shall be recorded at the expense of the corporation, in a book to be kept 
for that special purpose. 

213. If any change shall be made in the original plan by authority of 
the congregation, such change shall, in the same manner, be acknowledged 
and recorded. 

214. Every such corporation may appoint the times and places of the 
meeting of its members, and the number necessary to constitute a quorum, 
and shall provide and keep a good and sufficient record book, and cause 
therein to be registered all its proceedings, subject at all times to the 
inspection of the several members of the church, society or congregation ; 
and the same shall be laid before a public meeting when required by any 
five or more of the members ; and the said trustees, or a majority of them, 
shall have full power to frame such rules and ordinances for conducting 
their concerns as may be necessary and convenient for accomplishing the 
end of their institution. 

215. When any number of persons belonging to any church, or congre- 
gation, sufficient to build a church or house of worship, and to maintain a 
minister, shall choose to separate from the church or congregation of which 
they have hitherto been a part, and to erect a house of worship, and employ 
a minister for themselves, it shall be lawful for them to do so ; and they 
shall, by their respective name or style, be entitled to all the benefits of 
this article relating to their incorporation : Provided only, That all arrear- 
ages, debts, and engagements contracted, due or becoming due, while 
members of the former society, shall be discharged. 

21G. The person or persons holding lands or goods and chattels in trust 
for any particular church or society shall convey the same to the corpora- 
tion of such particular church or society, as soon as the same shall be 
formed under this article. 

217. Nothing in this article shall prevent the Protestant Episcopal 
Church from incorporating the vestries in the several parishes, according 
to the usages of the said Church. 2 

********** 

L Act of 1892. c. 664, amended this section as above. 

2. Amended, Act of 1892, c. 702. But see Resolution No. 64. 



LA WS OF MAR YLAND ON RELIGIO US MA TTERS. 121 



ARTICLE XXVII. CRIMES AND PUNISHMENTS. • 

Destroying Church Property Maliciously. 

53. If any person unlawfully and maliciously shall disfigure, cut, muti- 
late, injure or damage any church, house of worship, its pews, seats, walls, 
windows, shutters, trees, tombstones, fencing, inclosures or other property 
in or belonging thereto, or any parsonage, its furniture, trees, fencing or 
inclosures, near and belonging to the same, he shall, on conviction before 
a justice of the peace, or the circuit court for the county or criminal court 
of Baltimore, where the said property may be situated, be deemed guilty 
of a misdemeanor, and fined in the discretion of the said justice or court in 
a sum of money not less than three dollars nor more than fifty dollars for 
any one offence, and shall stand committed to the public jail of the county 
or city until the fine and fees shall be paid. 

Collection of Tolls from Funerals. 

121. No turnpike, bridge or ferry company, and no proprietors of any 
turnpike or other road, bridge or ferry, shall collect any tolls upon any 
carriages or other vehicles, or horses, going to or returning from any 
funeral ; every tollgatherer who shall knowingly collect any tolls contrary 
to the above provisions, or who shall knowingly refuse to allow any horse 
or vehicle going to or returning from a funeral, to pass without payment of 
toll, shall forfeit and pay for every such offence a sum of not less than $50 
and not more than $100, one-half to the informer and the other half to the 
State ; and the company or other parties owning such road, bridge or 
ferry shall also be responsible for the same. 



Marrying Unlawfully. 

193. If any minister shall knowingly celebrate the rites of marriage 
between any persons related in the degrees of kindred and affinity pro- 
hibited by law, he shall, on conviction, pay five hundred dollars. 

194. If any minister, pastor or other person who, according to the laws 
of this State do usually join people in marriage, shall upon any pretence 
join in marriage any negro with any white person, he shall, on conviction, 
be fined one hundred dollars. 

195. If any person shall celebrate the rites of marriage between any 
persons except the persons authorized by the laws of this State to celebrate 
the rites of marriage, such person on conviction thereof shall be fined five 
hundred dollars. 

198. If any minister shall marry any person without such license or pub- 
lication, on conviction thereof, he shall be fined one hundred dollars. 

199. If any minister shall knowingly join in marriage any male under the 
age of twenty-one years, or any female under the age of sixteen years, and 
not before married, without the consent of the parent or guardian of every 
such person, personally given or signified under the hand and seal of the 
said parent or guardian, and attested by two witnesses, he shall on convic- 
tion, be fined fifteen hundred dollars. 



122 LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 



ARTICLE LXII. MARRIAGES. 

1. If any person within this State shall marry within any of the degrees 
of kindred or affinity expressed in the following table the marriage shall 
be void. 

2. A man shall not marry — 

His grandmother. 

His grandfather's wife. 

His wife's grandmother. 

His father's sister. 

His mother's sister. 

His mother. 

His stepmother. 

His wife's mother. 

His daughter. 

His wife's daughter. 

His son's wife. 

His sister. 

His son's daughter. 

His daughter's daughter. 

His son's son's wife. 

His daughter's son's wife. 

His wife's son's daughter. 

His wife's daughter's daughter 

His brother's daughter. 

His sister's daughter. 

A woman shall not marry — 

Her grandfather. 

Her grandmother's husband. 

Her husband's grandfather. 

Her father's brother. 

Her mother's brother. 

Her father. 

Her stepfather. 

Her husband's father. 

Her son. 

Her daughter's son. 
Her husband's son. 
Her daughter's husband. 
Her brother. 
Her son's son. 

Her son's daughter's husband. 
Her daughter's daughter's husband. 
Her husband's son's son. 
Her husband's daughter's son. 
Her brother's son. 
Her sister's son. 



LA WS OF MAR YLAND ON RELIGIOUS MA TTERS. 123 



3. All marriages heretofore made and celebrated in or out of this State, 
by and between persons related within the following degrees of affinity, to 
wit : a man and his niece, or a woman and her nephew, are hereby con- 
firmed arid made valid, to every intent and purpose, from the time of the 
celebration of such marriages respectively ; and every such marriage shall 
be held and taken by all courts of this State to be good and sufficient in 
law to all intents and purposes. [Passed, March 9, I860.] 

4. No person within this State shall be joined in marriage until a license 
shall have been obtained from the clerk of the circuit court for the county 
in which the marriage is to be performed, or if in Baltimore City, from the 
clerk of the court of common pleas, or unless the names of the parties 
intending to marry shall be thrice published in some church or house of 
religious worship in the county where the woman resides on three several 
Sundays by some minister residing in said county ; provided, nevertheless, 
that any person within this State may marry according to the ceremony 
used by the society of people called quakers, the contracting parties signing 
a certificate to the effect that they have agreed to take each other for 
husband and wife, and said certificate being attested by at least twelve 
witnesses ; and provided, further, that the said certificate shall, within 
sixty days, be recorded either amongst the records of the society to which 
either of the contracting parties may belong, or in some court of record in 
the city or county in which the said marriage may be accomplished. The 
license required by this article shall be in the following form, to wit; 

State of Maryland, and county of , to any minister of the Gospel, or 

other officer or person authorized by the laws of this State to solemnize 
marriage, you are hereby authorized to join together in the holy state of 
matrimony, according to the rules and ceremonies of your church, society or 
religious sect, and the laws of this State, A. B. and C. D. Given under my 

hand and the seal of the circuit court for county, [or the court of 

common pleas of Baltimore City,] at this day of A. D., 

one thousand . Clerk. 

The license shall have appended to it two certificates framed to corres- 
pond with said license, which shall be in form as follows : I hereby certify 

that on this day of one thousand at A 

B and C D were by me united in marriage in accord- 
ance with the license issued by the clerk of the court for 

county (or city,) Maryland ; which certificates shall be signed by the 
minister or other person who performed the ceremony, giving his name and 
official character ; one of the said certificates shall be handed to the con- 
tracting parties, and the other shall, within thirty days from the date of the 
marriage, be returned to the clerk of the court from which it was issued. 

5. Before the clerk of any of said courts shall issue any such license, he 
shall examine, on oath, the person making application for the same, to 
ascertain first, the full names of the parties ; second, their places of residence; 
third, their ages; fourth, their color; fifth, whether married or single; 
sixth, whether related or not, and if so, in what degree of relationship ; 
which facts shall be set out in a printed form, to be signed by the person 
making the application. 



124 LA WS OF MARYLAND ON RELIGIOUS MA TTERS. 



6. The clerk of each of said courts shall procure and keep a suitable and 
well bound book in his office and among his records, to be called "The 
Marriage License Book," in which he shall make a complete record of the 
issuing of said license, and all the matters which he shall be required to as- 
certain, relative to the rights of said parties to obtain said license, ih which 
record shall appear in regular order the items testified to by the applicants 
for the marriage license as above set forth ; and the names of each of the 
contracting parties shall be properly indexed ; and upon the return of the cer- 
tificate aforesaid, it shall appear in said record when the same was filed, 
and the name of the minister, or other person or persons by whom the 
ceremony was performed. 

7. No such license shall issue unless the male be above the age of 
twenty-one years, and the female above the age of sixteen years ; provided, 
however, that if the parents or guardian assent thereto in person, or by 
writing, attested by two witnesses, such license may issue, and the fact of 
such assent shall be made part of the record aforesaid. 

8. If, in the course of the examination of any applicant for a marriage 
license, it shall appear to the clerk' of the court that any legal impediment 
exists under the laws of this State, why the said parties shall not be joined 
in marriage, he shall withhold said license, unless ordered by the court of 
which he is clerk, to issue the same. 

9. A certified copy of the record of said marriage license and certificate 
under the hand of said clerk and seal of said court, shall be received in all 
courts of this State as prima facie evidence of said marriage between the 
parties named therein. 

10. The clerk of the court shall receive one dollar for every license issued 
as aforesaid/ and for the performance of the other duties required by this 
article. 

11. Such license, when produced, shall be full authority to any minister 
or other person authorized to marry, receiving the same, to proceed with 
the marriage of the parties named therein ; provided, that should any 
minister or other person marry persons without such license, he shall on 
conviction thereof be fined not less than one hundred dollars nor more 
than five hundred dollars, in the discretion of the Court ; and provided 
further, that any minister or other person so performing such marriage 
ceremony, who shall fail to return within the period of thirty days from the 
date of such marriage, to the clerk of the Court issuing said license, one 
of the certificates of marriage mentioned in section four of this article, 
shall on conviction thereof be fined not less than ten dollars. 1 

11 A. In all cases when marriages shall be celebrated after publication 
of banns, it shall be the duty of the minister celebrating the marriage to 
make two certificates in the following form : I hereby certify that on this 

day of one thousand , at , A B and 

C D , were by me united in marriage ; the names of said 

parties having first been thrice published on three several Sundays in 

, a house of religious worship, county, State of Maryland, by 

a minister resident in said county, which he shall sign, giving his 



1. Amended thus, 1894, c. 94. 



LA WS OF MAR YLAND ON RELIGIO US MA TTERS. 125 



name and official character, and immediately after he has celebrated the 
marriage, the minister shall give one of the certificates to the persons 
whom he has married, and he shall transmit one of the certificates to the 
clerk of the circuit court for the county where the marriage was celebrated, 
or to the clerk of the court of common pleas of Baltimore City, if the mar- 
riage be celebrated in Baltimore City, who shall record the same in a book 
kept for that purpose, receiving a fee of fifteen cents for recording each 
certificate, to be paid by the minister sending the certificate for record, a 
copy of such certificate of the minister when recorded in the clerk's office 
hereinbefore provided, certified to by the clerk under the seal of his office 
shall be prima facie evidence of the fact of such marriage. 1 

11 B. Any minister who shall fail within sixty days to transmit the cer- 
tificate to the clerk for record shall be subject on conviction to a fine of ten 
dollars for each offence. 1 

12. The circuit court for the several counties and the superior court of 
Baltimore City, may, upon petition of either of the parties, inquire into, 
hear and determine, and the circuit court for the several counties and the 
criminal court of Baltimore, on indictment, may inquire into, hear and 
determine the validity of any marriage, and may declare any marriage 
contrary to the table in this article, or any second marriage, the first sub- 
sisting, null and void ; and on appeal the depositions and evidence given 
in the cause shall be transmitted with the record to the Court of Appeals, 
and thereupon such cause shall be heard, determined and adjudged 
de novo. 

13. All marriages heretofore made and celebrated in this State prior to 
March 22, 18G7, by and between colored people, are hereby confirmed and 
made valid, to every intent and purpose, from the time of the celebration 
of such marriages respectively ; and every such marriage shall be held and 
taken, by all courts of this State to be good and sufficient in law to all 
intents and purposes : Provided, that in every case the parties claiming 
to have been married by a competent person shall, by sufficient proof before 
some justice of the peace, establish the fact of having been so married, a 
certificate of which shall be filed with the clerk of the circuit court for the 
county in which said marriage was celebrated, or the court of common 
pleas of Baltimore City, and be preserved with the register of marriage 
licenses in the office of the said clerk. 

ARTICLE LXXX1. REVENUE AND TAXES. 

Exemptions from Taxation. 

By section 4, as amended by Act of 1896, c. 120, the provisions of law 
levying taxes shall not apply to the following, among other property 
mentioned : 

"To houses or buildings used exclusively for public worship, nor to the 
furniture contained therein, nor to the parsonage connected therewith, 
nor to the grounds appurtenant to such houses, nor to buildings so exclu- 
sively used for public worship or as parsonages which are necessary for 



1, These sections added by 1890, c. 465. 



126 LA WS OF MA R YLAND ON RELIGIO US MA TTERS. 



the respective uses thereof; nor shall the provisions of this article apply 
to graveyards, cemeteries or cemetery companies which do not accumulate 
profits for any purpose except for the maintenance or improvement of 
such cemeteries or graveyards as cemeteries or graveyards, nor to bury- 
ing grounds set apart for the use of any family or belonging to any church 
or congregation ;*'*** nor to buildings, equipment and furniture of 
hospitals, asylums, charitable or benevolent institutions, or to the grounds 
appurtenant thereto, in any city or incorporated town of this State which 
is necessary to the respective uses thereof, nor to the buildings, equip- 
ments and furniture of hospitals, asylums, charitable or benevolent institu- 
tions in any county of this State, but not within any city or incorporated 
town of this State, nor to the ground not exceeding forty acres appurte- 
nant respectively thereto, which is necessary for the respective uses 
thereof, nor to the buildings, furniture, equipment or libraries of incor- 
porated educational or literary institutions, or to the ground appurtenant 
thereto in any city or incorporated town of this State which is necessary for 
the respective uses thereof ; nor to the buildings, equipment or libraries 
of incorporated educational or literary institutions in any county of this 
State, nor to the ground not exceeding forty acres, appurtenant respec- 
tively thereto, which is necessary for the respective uses thereof." 



INDEX. 



Absentees from Convention, 10. 

Accumulating Episcopal Fund, 58. 

Acts of Assembly, 79-126. 

Act of General Incorporation, 117. 

Advocate, Church, 17. 

Archdeaconries, 15. 

Assessments, 11, 56. 

Auditing accounts, Committee on, 
69. 

Baltimore City Prot. Episc. Mission- 
ary Committee, 14, 110. 

Banns of Marriage, 123, 124. 

Bishop, election of, 6 ; Salary of, 58 ; 
Official Expenses of, 58 ; Rights of 
in Convention, 6. 

Burials, 24, 84. 

Canons of Maryland, 9-28 ; of Gen- 
eral Convention, 29-41. 

Change of Church Name, 59. 

Chapel of Good Shepherd, Howard 
Co., 60. 

Charities, Board of Church, 50. 

Charter of Convention accepted, 42, 
47, 56. 

Christ Church, Baltimore, 97-100. 
Church Building Fund, 58. 
Church Home and Infirmary, 61. 



Churchwardens, Report on duties of, 
44 ; Duties of, 26, 30, 34, 82. 

Clergy (see also Ministers, and Rec- 
tors.) Rights of to seats in Con- 
vention, 5, 9 ; Support of, 16 ; Ab- 
sent from Convention, 10 ; Discip- 
line of during vacancy in Episco- 
pal Office, 19 ; Renouncing minis- 
try, 20 ; Trial of, 17, 18, 19 ; Mode 
of compelling attendance of, 20. 

College of St. James, 91-92. 

Colored People, Services for, 59. 

Committee, Standing, 7, 18, 19, 24 ; 
of Missions, 13, 59, 60; of Ways 
and Means, 52 ; on Donations, 57 ; 
Auditing, 69. 

Common Prayer, use of Book of, 37. 

Communicants, exclusion of, etc., 
23 ; Changing Parishes, 39, 62. 

Congregation, new, erection of, 12, 
69. 

Consecration of Churches, 38. 
Constitution, 5-8. 

Convention of Maryland, time and 
place of meeting, 5 ; Rights to 
seats in, of Clergy, 5, 9 ; of Laity, 
5 ; Quorum, 6 ; President of, 6, 7 ; 
Special meetings, how called, 6, 7 ; 
Secretary of, 7, 10, 55 ; Treasurer 
of, 10, 69 ; Absentees from, 10 ; 
Acts of Incorporation of, 88-91 ; 
Acceptance of same by Conven- 
tion, 42, 47, 56 ; Rights of Bishop 
in, 6. 



128 



IXDEX. 



Corporations, 112-120. 
Court, Ecclesiastical, 18. 
Curtis Bay property, 65. 

Dalrymple Library, 66-67. 
Danish Emigrants, 61. 
Deaconesses, 29. 

Declaration of certain Rights of 
Protestant Episcopal Church, 3. 

Declaration of Rights (State of 
Maryland, 1867), 79. 

Degrees, Table of, 122. 

Delegates to Diocesan Convention, 
5, 42, 78 ; to General Convention, 
26 ; expenses of, 11. 

Destroying Church property, 121. 

Dimissory Letters, 33. 

Diocese, Division of, 52, 65, 70 ; Seal 
v of, 58. 

Disabled Clergymen, 5, 10, 13, 65. 

Discipline, of Clergy, 17-21 ; of Laity, 
23, 39-40. 

Divorce, Canon of, 40. 

Donations, Committee on, 57. 

Educational Fund, Theological, 56. 

Enrollment, Form of Parochial, 77 ; 
Duty of Register, 80. 

Episcopal Fund, 42, 69 ; Accumulat- 
ing, 58. 

Episcopal Library, 52-55, 60. 

Exemptions from Taxation, 125. 

Expenses, Defraying certain, 11 ; 
Official expenses of Bishop, 58. 

Family Worship, 22. 



Forms and Instructions, 71-78. 

Funerals, Tolls from, not to be col- 
lected, 121. 

General Convention, Canons of, 28- 
41 ; Deputies to, 26 ; Resolutions 
of, 70. 

Hannah More Academy, 55, 108. 

High Street Property, 68. 

Holy Orders, Candidates for, 56. 

Incorporation, Acts to authorize, 
112-116; General Incorporation 
Act, 117-120. 

Instructions and Forms, 71-78. 

Investments, 44, 51. 

Journal of Convention, 7, 10, 34, 64. 



Laity, Canons concerning, 22-23, 
39^40. 

Lay Delegates, 5, 42, 78. 

Lay Readers, 28. 

Liberty, Religious, 3. 

Librarian, Salary of, 55. 

Licenses, Marriage, 123, 124. 

Liturgy, Revision of the, 4 ; Use of, 
12, 37. 

Marriage, Laws of Maryland, 121, 
122-125 ; Table of Degrees, 122. 
(See Divorce.) 

Maryland Code of 1888, Pub. Gen. 
Laws, 117-126. 

Maryland Episcopal Library, 52-55. 

Ministers, Support of, 16. (See 
Clergy.) 



INDEX. 



129 



Missionaries, Title of to Seats, 5 ; 
Appointment of, 14. 

Missions, Diocesan, 13-15; Commit- 
tee of, 13, 59, 60 ; Baltimore City 
Missionary Committee, 110. 

Nominations, list to be printed, 66. 

Oath for Vestrymen, 78, 81. 

Orders; of Ministers, 3, 4; Candi- 
dates for, 56 ; Vote by, 6. 

Parishes, Boundaries of, 32, 44; Erec- 
tion of new, 12, 71, 86 ; Vacant, 25 ; 
Defunct, 13. Parish Registers, 24. 

Parochial Reports, 11, 31, 61. 

Presentment, Form of, 17. 

Pastoral Aid, 13, 14, 59, 65. 

Permanent Sustentation Fund, 16, 
56, 

Persons not Ministers in this Church 
not to officiate therein, 30. 

Poole Fund, 66. 

Prayer Book, use of, 37. 

Quorum, of Convention, 6; of Com- 
mittees, 15; of Vestry, 81. 

Readers, Lay, 28. 

Records, 50, 59, 62. 

Rectors, Rights of in Vestry, 82, 
113, 119; Liabilities of, 82; Asso- 
ciate, 83, 87 ; Form of Call to, 64. 
{See Ministers and Clergy.) 

Register, Parish, 24; of Vestry, 63, 
83,' 84. 

St. James, College of, 91-92. 



St. John's Church, in Harford and 
Baltimore Counties, 106. 

St. John's Church, Queen Caroline 
Parish, in Anne Arundel Co. [now 
Howard,] 107. 

St. Paul's Parish, Baltimore, 100-102. 

St. Peter's Church, Baltimore, 92-97. 

Salary of Bishop, 58 ; of Assistant 
Bishop, 52 ; of Secretary, 55 ; of 
Librarian, 55. 

Seal of Diocese, 58. 

I 

j Seats in Convention, Rights of 

clergy to, 5, 9. 

j °' 

: Secretary of Convention, 7, 10, 55, 
60, 64, 66. 

! Sentences, Ecclesiastical, 21. 

j Sermons before Convention, 42. 

I . 

j Standard Prayer Book, 35. 

Standing Committee, 7, 18, 19, 24. 

Stinnecke Maryland Episcopal Lib- 
rary, 52-55. 

Stone, Bishop, Portrait of, 63. 

Sunday, Observance of, 37, 57. 

Superannuated Clergy Fund, 65. 

Sustentation Fund, 16, 56. 



Taxation, Exemptions from, 125. 
Temperance, 57. 
! Tolls from funerals, 121. 
Trial of a Clergyman, 17, 19-22. 



Vacant Parishes, 25. 

Vestries, rights and duties of, 5, 9, 
11, 16, 21, 23, 24, 25, 30-32, 38, 39, 
41, 47-50, 64, 80-88, 115, 116, 120. 



130 



INDEX. 



Vestry Act, The, 80-86; Supplements 
to, 86-88 ; Amendment declined, 
68. Report on Legal Capacity of 
Vestries, 47 ; Vestries must pro- 
vide a Parish Register, 24, 83; 
Must answer Bishop's Visitation 
queries, 31. May not pay salaries 
out of their principal, 86 ; Regular 
meetings of, 81, 87 ; Special meet- 
ings of, 81, 84 ; Qualification of 
Vestrymen, 64. 

Vote by Orders, 6. 

Voters, Parochial, 63, 80, 87. 



j Wardens, (See Churchwardens.) 

I Warneld College, 62, 64. 

I & 

Ways and Means, Committee of, 11, 
52. 

Whittingham, Bishop, Gift of his 
Library, 52-55 ; Will of, 54 ; Por- 
trait of, 62. 

Widows and Children, etc., Corpo- 
ration for relief of, 103-105. 

Worship, Family, 22. 



Price 35 Cents. 



A COMPILATION 

CONTAINING THE 

Constitution and Canons 

OF THE 

Protestant Episcopal Church . 

IN THE 

Diocese of Maryland; 

Selected Canons of the General Convention ; 
Resolutions, etc.: 

AND 

LAWS OF MARYLAND 

RELATING TO 

RELIGIOUS MATTERS. 



Published by Order ok the Convention. 



CUSHING & CO.; E. ALLEN LYCETT, 
BALTIMORE. 
181 



%t COPY, 
18S8, 



Library of Congress 
Branch Bindery, 1903 



